Bombay High Court
ASHOK MISHRILALJI AGRAWAL THROUGH HER POWER OF ATTORNEY HOLDER D A AGRAWALversusASHOK KHUSHALSINGH CHAVAN AND OTHERS
- Disposal
- DISPOSED OFF
Holding
The writ petition was dismissed as the underlying suit had already been decreed, leaving no surviving issue.
Summary
The petitioner, Ashok Mishrilalji Agrawal, filed a writ petition (924 WRIT PETITION NO. 11641 of 2017) before the Bombay High Court, Aurangabad Bench, challenging a civil suit (R.C.S. No.153 of 2012). The petitioner’s counsel submitted that the civil suit had already been decreed with costs on 5 May 2022. The court noted that, since the suit was fully decided, there was no remaining issue for the writ petition to address. Consequently, the court held that the petition had no surviving cause of action. The writ petition was therefore disposed of without any further order.
Issues considered
- What relief, if any, remains for the petitioner after the decree in R.C.S. No.153 of 2012?
Subjects
- writ petition
- decree
- civil suit
- disposal
- no surviving issue
Judgment
2026:BHC-AUG:15914
1 of 1 924-WP.11641.2017
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
924 WRIT PETITION NO. 11641 OF 2017
ASHOK MISHRILALJI AGRAWAL THROUGH HER POWER OF
ATTORNEY HOLDER D A AGRAWAL
VERSUS
ASHOK KHUSHALSINGH CHAVAN AND OTHERS
...
Mr. V. M. Maney h/f. Mr. Umesh N. Shete, Advocate for the Petitioner.
...
CORAM : SIDDHESHWAR S. THOMBRE, J.
DATE : 10th APRIL, 2026
P.C.:-
1. Mr. Maney, learned Advocate for the Petitioner submits that
the suit i.e. R.C.S. No.153 of 2012 is already decreed with costs on
05.05.2022.
2. Therefore, nothing survives in the present petition and the
same is disposed of.
(SIDDHESHWAR S. THOMBRE, J.)
Tauseef
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