Bombay High Court
M/S. ASSOCIATED TRADERS and ENGINEERS PVT. LTD. CO. AND ANR.versusVYANKATESH NARAYAN DABADAGE
- Decided
- Disposal
- Disposed Off
- Bench
- RAJESH S PATIL
Holding
The writ petition stands abated due to the death of the sole respondent and lack of substitution of legal heirs.
Summary
The petitioners, M/s. Associated Traders and Engineers Pvt. Ltd. Co. and Anr., filed a writ petition against Vyankatesh Narayan Dabadage. The sole respondent died in December 2025. The respondent's counsel informed the court of the death. The petitioners failed to file any application to bring on record the legal heirs of the deceased respondent. The court held that, in the absence of a substitution of parties, the petition could not proceed. Consequently, the writ petition was held to stand abated.
Issues considered
- Whether a writ petition can continue after the death of the sole respondent without substitution of legal heirs.
Subjects
- writ petition
- abated
- death of party
- substitution of parties
- civil procedure
Judgment
KVM
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3 - WP 9144 OF 2018.doc
Digitally
KANCHAN
signed by
KANCHAN
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
VINOD
VINOD MAYEKAR
MAYEKAR Date:
2026.07.08
17:33:21
+0530 CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 9144/2018
M/S. ASSOCIATED TRADERS and
ENGINEERS PVT. LTD. CO. AND ANR. ….. PETITIONERS
VS
VYANKATESH NARAYAN DABADAGE ….. RESPONDENT
None for the Petitioners.
Adv. Vilasini B. a/w. Adv. Akshay Tapkir (Thr V.C.) for the Respondent.
CORAM : RAJESH S. PATIL, J.
DATE : 7 JULY, 2026
P.C. :-
1) Learned advocate appearing for the respondent submits
that the sole respondent, has died in the month of December 2025.
2) Since no steps have been taken by the petitioners to bring
on record the legal heirs of the deceased sole respondent, the writ
petition stands abated.
[RAJESH S. PATIL, J.]
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