Bombay High Court

AASARAM DASHART MALI AHIRE SINCE DEAD THROUGH LRS SINDHUBAI AASARAM MALI AND ANOTHERversusSALIM YAKUB PINJARI MANSURI AND OTHERS

Disposal: DISPOSED OFF

Holding

The writ petition was disposed of because the petitioners did not appear and the underlying civil suit had already been dismissed.

Summary

The petitioners filed a writ petition (901/2023) challenging a July 2022 order of the 4th Joint Civil Judge, Dhule, which had rejected their application to impound a document in Special Civil Suit No. 88 of 2015. The High Court issued notice to the respondents but granted no interim relief. The Registry later informed the Court that the underlying civil suit had been dismissed by the 5th Joint Civil Judge on 18 June 2025. When the matter was called before the High Court, the petitioners failed to appear. Consequently, the Court disposed of the writ petition without granting any relief.

Issues considered

Whether the writ petition challenging the order rejecting the impounding of a document is maintainable after the underlying civil suit has been dismissed

Subjects

writ petition
civil suit
impounding of document
maintainability
non‑appearance
disposal of petition

Judgment

2026:BHC-AUG:39734



                                                                   3-sr901.wp.1404.2023


                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                BENCH AT AURANGABAD

                             901 WRIT PETITION NO. 1404 OF 2023

                 Aasaram Dashart Mali Ahire Since Dead Through Lrs Sindhubai
                                 Aasaram Mali And Another
                                           VERSUS
                           Salim Yakub Pinjari Mansuri And Others

                                              ----
            Mr.M.V.Bhamre, Advocate for petitioners
            Mr.S.P.Sonpavale, AGP for respondent nos.10 to 14
                                              ----

                                      CORAM :      AJIT B. KADETHANKAR, J.
                                      DATE  :      AUGUST 29, 2026

            ORDER :-

                        Feeling aggrieved by the order dated 06.07.2022 passed

            by learned 4th Joint Civil Judge, Senior Division, Dhule in Special Civil

            Suit No.88 of 2015 the petitioner has filed this petition. Vide the

            impugned order, the Civil Court rejected the application below Exh.61

            for impounding a document.       This court on hearing the petitioner,

            issued notice to the respondent vide order dated 08.03.2023.           No

            interim relief was granted.


            2.          A report is placed by the Registry of this court indicating

            that Special Civil Suit No.88 of 2015 out of which present petition

            arises, is already dismissed by learned 5 th Joint Civil Judge, Senior

            Division, Dhule on 18.06.2025.
                                      2                        3-sr901.wp.1404



3.            When the matter is called out, nobody appeared for the

petitioner.


4.            In view of the above, the Writ Petition stands disposed of.




                                   [AJIT B. KADETHANKAR, J.]
                                 ………..


KBP

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