Bombay High Court

DR. GOPAL MAHADEO DHADPHALEversusSMT. USHA ARUNRAO SUPNEKAR AND ORS.

Decided: 2 September 2026
Disposal: Disposed Off

Holding

A civil revision application is infructuous where the parties have amicably settled the dispute and the consent terms are filed in execution proceedings.

Summary

The applicant, Swapnil Dr. Gopal Mahadeo Dhadphale, filed Civil Revision Application No. 173 of 2019 before the High Court of Bombay challenging a decree. The respondents, Usha Arunrao Supnekar and others, submitted that the dispute had been amicably settled and that the consent terms were already filed in the execution proceedings. They argued that, because of the settlement, there was no operative relief left for the court to consider. The Court noted that the filing of the consent terms indicated that the parties had resolved all substantive issues. Accordingly, the Court held that the revision application was rendered infructuous. The application was therefore disposed of as infructuous, with no further orders.

Issues considered

Whether a civil revision application becomes infructuous when the parties have settled the dispute and filed consent terms in execution proceedings

Subjects

civil revision
settlement
consent decree
infructuous
execution proceedings

Judgment

2026:BHC-AS:36801

                                                                33-CRA-173-2019.docx


                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                              CIVIL APPELLATE JURISDICTION
                     CIVIL REVISION APPLICATION NO. 173 OF 2019
   Swapnil
               Dr. Gopal Mahadeo Dhadphale                     …Applicant
                    Vs.
               Usha Arunrao Supnekar and Ors.                  …Respondents


               Mr. Bina R. Pai for the applicant.
               Mr. Prashant Sarvankar for respondent nos. 1 to 3.

                                        CORAM : GAURI GODSE, J.

                                        DATE :         2nd SEPTEMBER 2026

               ORDER :


               1.    Learned counsel for the respondents, i.e. the original

               plaintiffs submits that the parties have amicably settled the

               dispute and the consent terms is already filed in execution

               proceedings. He, therefore, submits that nothing survives in

               the civil revision application.


               2.    The civil revision application is disposed of as

               infructuous.




                                                           [GAURI GODSE, J.]




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