IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR WRIT PETITION NO.951/1997 ARUN PRAKASH S/O RAVINDRA NATH ..VS.. BHARTIYA VAIDYAK SAMANVAY SAMITI AND FOUR OTHERS - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri A.C.Dharmadhikari, advocate for petitioner CORAM : SMT. VASANTI A. NAIK & P.B. VARALE, JJ. DATE : JUNE 15, 2011. By this petition, the petitioner seeks a prayer of quashing and setting aside the proceedings of the enquiry conducted by the respondent no.5 and also enquiry report and decision of the enquiry committee dated 11.1.1997 thereby resulting the debaring of the petitioner from appearing in the examination of M.D.Ayurveda Final Year Course, to be held on 10.4.1997. It is necessary to note that the petitioner expired during the pendency of the writ petition and his legal heirs were brought on record. However, since the petitioner had sought a direction to the respondent to permit the petitioner to appear at the examination to be held in April 1997 and since the petitioner has expired during the pendency of the writ petition, the maxim actio personalis moritur cum persona would be clearly applicable to the facts of this case. With the death of the petitioner, the petition also sees its death and cannot be pursued by the legal heirs. The relief sought by the petitioner was personal in character and the benefit thereof could not have been extended to his legal heirs. Hence the writ petition is dismissed with no order as to costs. JUDGE JUDGE SMP