Bombay High Court
ASGARALI GULAMALI AMRELIWALA AND ANOTHERversusSHIRIN GULAMALI AMRELIWALA AND ORS
- Disposal
- DISPOSED OFF
- Bench
- SHAILESH P BRAHME
Holding
The revision petition was dismissed as infructuous.
Summary
The petitioners Asgarali Gulamali Amreliwala and another filed a civil revision (52 CRA No.4 of 2025) challenging a decision of the trial court in Special Civil Suit No.134 of 2022. Before the revision could be heard, the parties reached an amicable settlement and the special civil suit was withdrawn, with the trial court recording the withdrawal on 16 September 2025. The court noted that due to these supervening events, the subject matter of the revision no longer existed. Consequently, the revision petition was deemed infructuous. The bench disposed of the revision application without further adjudication.
Issues considered
- Whether the civil revision petition should be entertained when the original suit has been settled and withdrawn, rendering the petition infructuous
Subjects
- settlement
- civil revision
- infructuous
- withdrawal of suit
- special civil suit
Judgment
2026:BHC-AUG:3780
(1) 52 CRA NO. 4 OF 2025
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
52 CRA NO. 4 OF 2025
ASGARALI GULAMALI AMRELIWALA AND ANOTHER
VERSUS
SHIRIN GULAMALI AMRELIWALA AND ORS
...
Mr. A. P. Bhandari, Advocate for the Applicants
…
CORAM : SHAILESH P. BRAHME, J.
DATE : 28.01.2026
PER COURT :-
. It is reported that the matter has amicably settled between the
parties and Special Civil Suit No.134 of 2022 has been withdrawn and order
was passed by the Trial Court on 16.09.2025. Due to supervening events, the
revision has become infructuous.
2. Civil Revision Application is disposed of as infructuous.
( SHAILESH P. BRAHME, J. )
PRW
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