Bombay High Court

MAHAVIR BUILDERSversusLAL GEBI INFRA CO.

Decided: 11 September 2026
Disposal: Disposed off as Withdrawn

Holding

The Court allowed the withdrawal of the writ petition and dismissed the contempt petition, holding that the compromise decree rendered both proceedings infructuous.

Summary

The petitioner, M/s. Mahavir Builders, sought to withdraw a civil writ petition (No. 5610 of 2024) after reaching a compromise with the respondents, resulting in a Compromise Decree in Special Civil Suit No. 104 of 2023. The petitioner also requested dismissal of a related contempt petition (No. 286 of 2024) on the same grounds. The Court, after hearing the petitioner's counsel, granted permission to withdraw the writ petition and ordered its disposal. It likewise disposed of the contempt petition, noting that the underlying civil suit had been resolved by consent decree. Consequently, both proceedings were terminated without further adjudication.

Issues considered

What is the effect of a compromise decree on pending writ and contempt petitions?
Whether the petitioner may withdraw a civil writ petition after settlement of the underlying dispute?
Whether a contempt petition should be dismissed when the substantive civil suit is resolved by consent decree?

Subjects

compromise decree
withdrawal of petition
contempt petition
civil writ petition
High Court of Bombay
consent decree

Judgment

                                    940-WP(C)-5610.2024 W CP(C)-286-2024.ODT




         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   CIVIL APPELLATE JURISDICTION
              CIVIL WRIT PETITION NO. 5610 OF 2024
M/s. Mahavir Builders                      …Petitioner
      Versus
Smt. Shobhabai Narayan Mone And Ors.       …Respondents
                               WITH
             CONTEMPT PETITION NO. 286 OF 2024
M/s. Mahavir Builders                      …Petitioner
      Versus
M/s. Lal Gebi Infra Co.                    …Respondents
A Partnership Firm through its Partners


Adv. A. R. Gole, for Petitioner.


                       CORAM :          PRAFULLA S. KHUBALKAR, J.
                       DATE        :      11TH SEPTEMBER 2026
P. C:-

              CIVIL WRIT PETITION NO. 5610 OF 2024

1.       Learned counsel for the petitioner submits that the parties

have compromised the dispute before the Civil Court and a

Compromise Decree is passed in Special Civil Suit No. 104 of

2023. He submits that the instant petition which was arising out

of an interim order passed in the said suit, is rendered infructuous.

2.       In view of this, he seeks permission to withdraw the

petition. Permission is granted.

3.       Accordingly, instant Writ Petition is disposed of as



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                                       940-WP(C)-5610.2024 W CP(C)-286-2024.ODT




withdrawn.

                  CONTEMPT PETITION NO. 286 OF 2024

4.          Learned counsel for petitioner submits that the Special Civil

Suit No. 104 of 2023 is already disposed of by Consent Decree and

therefore, he does not want to press the instant contempt petition.

5.          Accordingly, the instant Contempt Petition is disposed of.




                                            (PRAFULLA S. KHUBALKAR, J.)
VDMokal/-




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