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Bombay High Court

SITARAM RAMBHAU TAMBE AND ORSversusTHE STATE OF MAHARASHTRA THRU SECRETARY AND ORS

Decided
Disposal
Disposed Off

Holding

The Court declined to entertain the writ petition because an appeal against the impugned order is already pending.

Summary

The petitioners filed a writ petition challenging an order dated 27 July 2026, but an appeal against that order is already pending before the Divisional Joint Registrar. The High Court observed that because the appeal is pending, it would not entertain the writ petition and directed the petitioners to pursue the appeal. The Court noted that the Divisional Joint Registrar has instructed the society to file the appeal in individual names, and that doing so would ensure priority for expeditious disposal. Consequently, the writ petition was disposed of, leaving the petitioners free to continue with their appeal. No substantive merits of the writ were considered.

Issues considered

  • The Court should decide whether a writ petition can be entertained when an appeal against the same order is already pending.

Subjects

  • writ petition
  • pending appeal
  • court jurisdiction
  • priority filing

Judgment

  2026:BHC-AS:40677
                         k                               1/1                             20 wp 13127.26 as.doc




                                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                              CIVIL APPELLATE JURISDICTION

                                            WRIT PETITION NO.13127 OF 2026

                         Sitaram Rambhau Tambe & Ors.                                       ....Petitioners
                               V/S
                         The State of Maharashtra & Ors.                                    ....Respondents
                                                        _________

                         Mr. J.S. Kini with Mr. Aum Kini, Ms. Shraddha Thombre and Mr. Shagun
                         Mishra i/b Ms. Sapna Krishnappa for the Petitioners.

                         Mr. Prashant P. Kulkarni with Ms. Rachana Mamnani, Ms. Ritika Rajeev
                         for Respondent No.5.

                         Mr. A.C. Bhadang, AGP for Respondent Nos.1, 2 and 3/State.
                                                      __________

                                                   CORAM : SANDEEP V. MARNE, J.
                                                   DATE : 05 OCTOBER 2026.

                         P.C.:

                         1.       In the light of the fact that Appeal against order dated 27 July
                         2026 is already pending before the Divisional Joint Registrar, this Court
                         is not inclined to entertain the present Petition. Leaving open remedy to
                         the Petitioners to prosecute the Appeal, the Writ Petition is disposed of.


                         2.       It appears that the Divisional Joint Registrar has instructed the
                         Society to file the Appeal in individual names. If the Appeal is converted
                         into individual names, the Divisional Joint Registrar shall accord due
                         priority for its expeditious disposal.


                                                                                    (SANDEEP V. MARNE, J.)


                          katkam
Signed by: Sudarshan R. Katkam                                    Page No. 1 of 1
Designation: PS To Honourable Judge
Date: 07/10/2026 14:52:04


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