Disposed¶14

Harbhagwan v. Ram Kumar and Another

Punjab & Haryana HC15 Jul 2025CWP/1558/2023

Case brief

AI extract

What is this about?

death of senior-citizen petitioner during pendency; impleadment of legal heirs sought; abatement of writ petition on petitioner's death; Kidar Nath CWP No.26286 of 2019 dated 29.09.2022 (coordinate Bench, Punjab & Haryana HC); writ petitions disposed of as not pressed further; claim left unadjudicated; no order passed in favour of petitioner; pending applications disposed; CWP (O&M); oral order 15-07-2025; speaking but not reportable.

What did the court decide?

Both writ petitions stand disposed of as having been not pressed any further, with the observation that no further orders are required to be passed as the petitioner has unfortunately died, the claim having remained unadjudicated with no order passed in favour of the petitioner. ¶14

Harbhagwan Vs Ram Kumar and Another — Punjab & Haryana HC (2025) — LawSathi Research

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210+211

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision : 15-07-2025 1. CWP-946-2023 (O&M) HARBHAGWAN ........Petitioner VERSUS RAM KUMAR AND ANOTHER ........Respondent(s) And 2. CWP-1558-2023 (O&M) HARBHAGWAN ........Petitioner VERSUS RAM KUMAR AND ANOTHER ........Respondent(s)

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CORAM: HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI

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Present: Mr. Nissim Aggarwal, Adv o cate for the petitioner(s).

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Mr. Amit Jhanji,Sr. Advocat e with Mr. Shashank Shekhar Shar m a, Advocate for respondent No.1. Mr. Saurabh Girdhar, AAG H aryana.

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HARSIMRAN SINGH SETHI, J. (Oral)

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Present are the set of two w r it petitions, the details of which are mentione d in the heading involve comm o n question of law in the contex t of common set of facts and thus they are b eing decided by a common or d er.

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SAPNA GOYAL 2025.07.16 14:06 I attest to the accuracy and integrity of this document

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CWP-946-2023(O&M) and CWP-1558-2023 (O&M)

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-2-

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Learned counsel for the petitioner submits that unfortunately the petitioner-Senior Citizen has passed away but he wants to implead the legal heirs of the petitioner-Senior Citizen to pursue the present petition.

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Learned Senior counsel appearing on behalf of the respondent submits that keeping in view the judgment passed by the Co-ordinate Bench of this Court in CWP No.26286 of 2019 titled “ Kidar Nath Vs. Deputy Commissioner, SAS Nagar Mohali and ors.” , dated 29.09.2022, wherein it has been held that the writ petition abates upon the death of the petitionerSenior Citizen, the present petitions are liable to be disposed of, which principle of law has not been rebutted by the learned counsel for the petitioner.

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Keeping in view the above, coupled with the fact that, the claim raised in the writ petition is still to be adjudicated and no order in favour of the petitioner-Senior Citizen has been passed so far hence, the present petitions are disposed of as having been not pressed any further with the observations that no further orders are required to be passed as the petitioner has unfortunately died.

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