Bombay High Court

SUBHASH KHUSHAL PATILversusANITA SUBHASH PATIL

Disposal: DISPOSED OFF

Holding

The civil application for a stay is not maintainable and is disposed of.

Summary

Subhash Khushal Patil filed a petition for divorce which was dismissed by the trial court, and a related revision application (R.C.A. No. 40 of 2025) was also dismissed. He subsequently filed a civil application (No. 3399 of 2026) seeking a stay of the dismissal orders. The High Court examined whether the civil application was maintainable in view of the earlier dismissals. The Court held that there was no ground to stay the earlier orders and that the civil application was not maintainable. Consequently, the application was disposed of without any further relief.

Issues considered

What is the maintainability of a civil application seeking a stay of a dismissed divorce petition and related revision?

Subjects

divorce
civil application
stay of proceedings
high court
dismissal

Judgment

2026:BHC-AUG:38700



                                                 (1)                  973 sa 203.26

                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD

                              973 SECOND APPEAL NO. 203 OF 2026
                             WITH CIVIL APPLICATION NO. 3399 OF 2026

                                     SUBHASH KHUSHAL PATIL
                                            VERSUS
                                      ANITA SUBHASH PATIL

                                                …..
                             Advocate for Appellant : Mr. Ashwin V Hon
                                                …..

                                          CORAM :      SANJAY A. DESHMUKH, J.
                                          DATE :       27.08.2026

           P.C.:-

           1.          Issue notice to the respondents, returnable on 24.09.2026.


           Civil Application No.3399/2026:

           2.          H.M.P. filed by the husband for grant of divorce was dismissed.

           R.C.A. No. 40/2025 was also dismissed. There is nothing to stay. The present

           application is not maintainable and is disposed of accordingly."



                                                            [SANJAY A. DESHMUKH, J.]




           mubashir

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