The Nagpur Bench disposed of this writ petition abated due to the death of respondent no.6, noting that no grievance can survive against a deceased party.
The writ petition is disposed of as abated. No costs.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR
WRIT PETITION NO.1473 OF 2015
(Sadhana Shikshan Prasarak Mandal and others vs. The Assistant Charity Commissioner and others)
__________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.
CORAM : B.P. DHARMADHIKARI AND KUM. INDIRA JAIN, JJ.
DATED : JULY 5, 2016
Heard Adv. Kalwaghe for petitioners, Smt. Joshi, learned Assistant Government Pleader for respondent nos.1 to 3 and Adv. Gilda for respondent nos.6 and 7.
Adv. Gilda makes a statement that respondent no.6 is no more.
Adv. Kalwaghe points out that directions under Section 41-A of Bombay Public Trusts Act were sought against the said respondent. He is seeking time to verify or to take appropriate steps.
It is apparent that if respondent no.6 is dead, present grievance cannot survive. The petitioners have to agitate their grievance against concerned persons in accordance with law.
In this situation, accepting statement of
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Adv. Gilda and keeping all rival contentions open, we dispose of the present writ petition as abated. No costs.
JUDGE JUDGE
khj
1 issue framed by the court
Whether the writ petition survives in light of the death of respondent no.6.
1 provisions across 1 enactments
Sadhana Shikshan Prasarak Mandal
The Assistant Charity Commissioner
B.P. DHARMADHIKARI
INDIRA JAIN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
