Bombay High Court

MANISHA MUKUND NAIK AND OTHERSversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal: DISPOSED OFF
Bench: SIDDHESHWAR SUNDARRAO THOMBRE

Holding

The writ petition was dismissed as there was no remaining issue after the decree in the civil suit.

Summary

The petitioners, Manisha Mukund Naik and others, filed a writ petition challenging an order dated 18 January 2020 passed by the Civil Judge, Senior Division, Osmanabad in RCS No. 23 of 2018. They contended that the civil suit (RCS No. 23 of 2018) had already been decreed, rendering the order moot. The High Court examined whether any issue remained for adjudication after the decree. Finding that the decree had indeed been passed and no further relief could be granted, the Court held that there was nothing left to consider. Consequently, the writ petition was disposed of without any further order.

Issues considered

What relief, if any, remains for the High Court to grant after the decree in RCS No. 23 of 2018?
Is the writ petition maintainable when the underlying civil suit has been fully decreed?

Subjects

writ petition
civil decree
petition dismissed
jurisdiction
no relief

Judgment

2026:BHC-AUG:1214


                                                                          wp12360-21.doc
                    drp
                            IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                                       BENCH AT AURANGABAD

                                   WRIT PETITION NO.12360 OF 2021

                    Manisha Mukund Naik and Others                        PETITIONERS

                          VERSUS

                    The State of Maharashtra and Others                 RESPONDENTS

                                            .......
                    Ms. Harsha R. Lomte h/f Mr.V. D. Salunke, Advocate for
                    Petitioners

                    Mr. R. B. Dhaware, AGP for Respondent - State
                                                 ....…

                                          [CORAM : SIDDHESHWAR S. THOMBRE, J.]

                                              DATE : 13th JANUARY, 2026
                    ORDER :

                    1.    Order dated 18.01.2020 passed by Civil Judge, Senior

                    Division, Osmanabad below Exhibit-45 in RCS No. 23 of 2018 is

                    challenged in the present Writ Petition.


                    2.    Learned Counsel for the Petitioners submits that RCS No.

                    23 of 2018 is decreed.


                    3.    In view of the above, nothing survives for consideration in

                    the matter. The Writ Petition is, therefore, disposed of.



                                                     [ SIDDHESHWAR S. THOMBRE ]
                                                                JUDGE
                    drp/wp12360-21.doc

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