Bombay High Court

GIRIDHARI DEEPA RATHODversusMULCHAND PEMA RATHOD AND OTHERS

Disposal: DISPOSED OFF
Bench: SIDDHESHWAR SUNDARRAO THOMBRE

Holding

The petition was dismissed as there was no surviving cause of action after the earlier settlement.

Summary

Giridhari Deepa Rathod filed a writ petition (924/2017) in the Bombay High Court, Aurangabad bench, challenging the respondents Mulchand Pema Rathod and others. The petitioners argued that the matter had already been resolved in an earlier case, R.C.S. No.53 of 2013, which was settled before the trial court. Both parties' counsel reiterated that the earlier case was fully settled and no issues remained. The court examined the submissions and found that there was no surviving cause of action in the present petition. Consequently, the court disposed of the writ petition for lack of any remaining claim.

Issues considered

What is the effect of a prior settlement of R.C.S. No.53 of 2013 on the present writ petition?

Subjects

writ petition
settlement
dismissal
civil procedure
high court

Judgment

2026:BHC-AUG:8884
                                                 1 of 1                  924-WP.14067.2017




                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    BENCH AT AURANGABAD

                               924 WRIT PETITION NO. 14067 OF 2017

                                    GIRIDHARI DEEPA RATHOD
                                              VERSUS
                             MULCHAND PEMA RATHOD AND OTHERS
                                                  ...
                Ms. Ranjita Mahajan h/f. Mr. Sudhir K. Chavan, Advocate for the
                Petitioner.
                Mr. Vinayak K. Jaybhaye h/f. Mr. V. I. Thole, Advocate for Respondent
                Nos.1 to 3.
                                                  ...

                                         CORAM :          SIDDHESHWAR S. THOMBRE, J.
                                         DATE     :       27th FEBRUARY, 2026

                P.C.:-

                1.        Both the learned Advocates submit that R.C.S. No.53 of 2013

                has already been settled before the learned Trial Court.


                2.        In view thereof, nothing survives in the present petition and

                the same is disposed of accordingly.


                                                   (SIDDHESHWAR S. THOMBRE, J.)

      Tauseef

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