Bombay High Court
SHRI. SHANKAR MUKTAJI GAVHANEversusSMT. SHANTABAI BABURAO GAVHANE (DESD) LRS.
- Decided
- Disposal
- Disposed Off
Holding
The petition is abated and dismissed due to the death of the petitioner.
Summary
Shri Shankar Muktaji Gavhane filed a writ petition in the Bombay High Court. The petitioner could not be served at the address on record, and the court noted a non‑prosecution situation. The petitioner’s counsel later produced a postal report indicating that the petitioner's address corresponded to a deceased individual. On this basis, the court held that the petition could not proceed and was abated. Consequently, any interim relief granted earlier was vacated and the petition was dismissed.
Issues considered
- What is the appropriate course of action when a petitioner cannot be served and is subsequently found to be deceased?
Subjects
- writ petition
- abated petition
- death of petitioner
- service of notice
- dismissal
Judgment
Digitally
signed by 11.as.wp.9704.2003.doc
VINA
VINA ARVIND
ARVIND KHADPE
KHADPE Date:
2026.09.07
18:48:17
+0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.9704 OF 2003
Shri Shankar Muktaji Gavhane … Petitioner
Versus
Smt. Shantabai Baurao Gavhane (decd)
thr. Lrs. Shri Pralhad Baburao Gavhane & ors. … Respondents
***
Mr. Dilip Bodake a/w Mr. Shreeniwas Magar a/w Ms. Shraddha
Pawar for the Petitioner.
None for the Respondents.
***
CORAM : M.M. SATHAYE, J.
DATE : 7 SEPTEMBER, 2026
P.C. :
1. On 31.08.2026, following order was passed :
1. Pursuant to the last order, learned counsel for the
Petitioner has placed on record a copy of written
communication dated 16.06.2026 sent to the sole
Petitioner by Speed Post A.D. He has also placed on
record copy of the packet/envelop returned from the
postal authority with endorsement that it could not be
delivered because of insufficient address. The said copies
are taken on record and marked 'X' for identification.
2. It appears that since the sole Petitioner cannot be
contacted on given address, learned Advocate for the
Petitioner is not in position to effectively assist the Court.
3. The situation amounts to non prosecution.
4. At the request of learned counsel for the sole Petitioner,
stand over to 07.09.2026 as last opportunity. To be listed
for 'dismissal'.
Vina Khadpe 1
11.as.wp.9704.2003.doc
2. Today the matter is listed for dismissal.
3. Learned Counsel for the Petitioner has placed on record a copy
of the communication dated 01.09.2026 (issued to sole Petitioner on
another address) along with copies of postal receipt and tracking
report indicating that the packet is returned to sender because the
addressee is found deceased. The said copies are taken on record
and marked as ‘X1’ for identification. He submits that as per the latest
report, the petitioner is reported to be dead.
4. Considering the aforesaid situation, the Petition is disposed of
as abated. Interim / ad-interim relief, if any, stands vacated.
5. All concerned to act on duly authenticated or digitally signed
QR verifiable copy of this order.
(M.M. SATHAYE, J.)
Vina Khadpe 2
Checking your session…