Bombay High Court

BANK OF MAHARASHTRAversusJITENDRA PATHAK AND ORS

Decided: 23 January 2026
Disposal: Disposed Off
Bench: SANDEEP V MARNE

Holding

The petition was dismissed as the suit had been decreed in terms of a compromise, leaving no surviving relief.

Summary

The Bank of Maharashtra filed a writ petition challenging a suit against Jitendra Pathak and others. The petition was filed after the suit had been decreed in terms of a compromise, as evidenced by an order dated 16 June 2025. The court examined whether any relief remained for the petitioner given the compromise decree. Finding that the decree fully resolved the suit, the court held that nothing survived in the petition. Consequently, the petition was dismissed and disposed of.

Issues considered

What is the effect of a decree passed in terms of a compromise on the maintainability of a pending writ petition?

Subjects

writ petition
compromise decree
petition dismissed
civil appellate jurisdiction
High Court of Bombay

Judgment

  2026:BHC-AS:3791-DB

                          Megha                                              38_wp_10529_2023.docx


                                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                         CIVIL APPELLATE JURISDICTION
                                          WRIT PETITION NO.10529 OF 2023

                          Bank of Maharashtra                                  ...Petitioner

                                            V/s.

                           Jitendra Pathak and Ors.                          ...Respondents
                                                    ______________
                          Mr. Abhishek Samant for the Petitioner.

                          Mr. Sanjay Dubey (through VC) for Respondent No.1.

                          Mr. Ernest Tuscano with Mr. Mark Dbritto for Respondent Nos.2 and
                          3.
                                                   ______________

                                                         CORAM: SANDEEP V. MARNE, J.
                                                          DATED: 23 JANUARY 2026.

                          P.C.:

                          1)          The learned counsel appearing for the Petitioner places on
                          record copy of order dated 16 June 2025, which indicates that the Suit
                          has been decreed in terms of the compromise.


                          2)          In that view of the matter, nothing survives in the Petition
                          and the same is disposed of.


                                                                     [SANDEEP V. MARNE, J.]




Signed by: Megha S. Parab
                                                         Page No. 1 of 1
Designation: PA To Honourable Judge                      23 January 2026
Date: 27/01/2026 15:21:53

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