ANKUSH PANDURANG BHALKE DIED THR LRS ALKABAI A BHALKE AND ORS v. DEUBAI PRALHAD HIWALE AND OTHERS
CA/7846/2026 · 2026-08-25
body2026
DailyLaw.ai
[ 2026 DAILYLAW 4982 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 4982 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
16-sr920.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 7846 OF 2026 IN WRIT PETITION NO. 13925 OF 2023 Ankush Pandurang Bhalke VERSUS Deubai Pralhad Hiwale And Others ---- Ms.Ashwini Deshmukh, Advocate h/f. Mr.Devant Deshmukh, Advocate for applicant None present for the respondents ----
CORAM : AJIT B. KADETHANKAR, J.
DATE : AUGUST 25, 2026
ORDER :-
Heard learned counsel for the petitioner. None present for the respondents.
2. The application reveals that during pendency of the Writ Petition the sole petitioner died. His legal representatives did not approach the learned advocate for informing about his death and incorporating their names as legal representatives of the sole Writ Petitioner. This resulted into delay in filing this application. The legal representatives of the sole petitioner contend that they were not aware about the proceedings filed before this court by the deceased sole petitioner. No sooner did they learn about the proceedings, they 2026:BHC-AUG:38719
2 16-sr920 approached their learned advocate and filed the Civil Application. It is submitted that the cause to continue the prosecution of the petitioner survives in them after demise of the sole petitioner.
3. For the reasons recorded in the application, the application is allowed. Delay caused in filing the application stands condoned. Abatement if any is quashed and set aside. Registry shall permit the applicants to incorporate their names in the title clause of the Writ Petition as legal representatives of sole petitioner. Amendment be carried out within two weeks.
4. List the petition for consideration on 22.09.2026. Interim relief to continue till then.
[AJIT B. KADETHANKAR, J.] ………..
KBP