Davji Maroti Bhandawale v. Sk Jafar Sk Ibrahim And Others

2026:BHC-AUG:924

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 956 WRIT PETITION NO. 7250 OF 2025 DAVJI MAROTI BHANDAWALE

VERSUS

SK JAFAR SK IBRAHIM AND OTHERS ...

Mr. D. R. Bhadekar, Advocate for the Petitioner Mr. A. B. Lokhande h/f Mr. G. K. Naik Thigle, Advocate for Respondent Nos.1 to 6.

CORAM : S. G. CHAPALGAONKAR, J.

DATE : 9th JANUARY, 2026 P.C. :- 1.

Mr. Bhadekar, learned Advocate appearing for Petitioner placed on record death certificate dated 29.11.2025 which shows that Petitioner- Original Defendant No.2-Davji Maroti Bhandawale expired on 22.11.2025. He would further invite attention of this Court to the observations made in case of Salvador D'silva And Ors v. Shri Kautu Gaonkar And Ors, 2024(1), Goa Law Report, 441, to contend that a cause of action abates in a suit for injunction directed personally against a defendant (in personam). Such cause of action cannot survive after death of defendant. He would submit that, in view of death of original defendant-Davji Maroti Bhandawale, proceedings in the suit or impugned order itself do not survive.

956 WP 7250.2025.odt

2.

Mr. Bhadekar, learned Advocate appearing for petitioner submits that writ petition may be disposed in light of aforesaid legal and factual aspects.

3.

In light of submissions advanced, writ petition stands disposed off.

(S. G. CHAPALGAONKAR, J.) ssp 956 WP 7250.2025.odt