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Bombay High CourtIA/11800/2025dismissed

Shri Runja Laxman Date Since Decd Throu. L.H. v. Shri Sanjay N. Nimbekar

2026-01-07Hon'Ble Shri Justice Abhay Ahuja2 pages

4-WP-5066-1996.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION by KANCHAN PRASHANT DHURI Date: 2026.01.07 18:36:59 +0530 KANCHAN PRASHANT DHURI WRIT PETITION NO. 5066 OF 1996 Shri Runja Laxman Date ... Petitioner

Versus

Shri Sanjay N. Nimbekar ... Respondent WITH INTERIM APPLICATION NO. 11800 OF 2025 CIVIL APPLICATION NO. 6501 OF 1996 IN WRIT PETITION NO. 5066 OF 1996 ............

Mr. Pandit Kasar, Advocate for the Applicant/Proposed Petitioner. Ms. Shraddha Pawar instructed by Mr. Nilesh Patil, Advocate for the Respondent.

............

CORAM

:

ABHAY AHUJA, J.

DATE :

7 JANUARY 2026 P.C. :

Interim Application No.11800 of 2025 :

1.

When the matter is called out, Ms. Pawar, learned Counsel, appears and submits that the Respondent in the Writ Petition has also passed away. However, Ms. Pawar submits that since this Interim Application seeks to bring the heirs of the deceased Petitioner on record and the Respondent has also passed away, it would not be possible to file reply to the Application and some time be granted to file Interim Kanchan Dhuri 1/2

4-WP-5066-1996.doc Application to bring the heirs of the deceased Respondent on record. 2.

In my view, until and unless it is established that the Respondent was alive when this Interim Application was filed, it may not be possible to continue with the proceedings as the proceedings on the death of both the parties abate.

3.

The learned Counsel seek time to take instructions in the matter.

4.

Let instructions be taken in the matter.

5.

List on 5th February 2026.

(ABHAY AHUJA, J.) Kanchan Dhuri 2/2