Bombay High Court

CHANDKJHAN IMAMKHAN PATHANversusSANJAY VISHWANATH SHEVALE AND ANOTHER

Disposal: DISPOSED OFF
Bench: SIDDHESHWAR SUNDARRAO THOMBRE

Holding

The writ petition is dismissed as there is no surviving cause of action following the dismissal of the underlying civil suit.

Summary

The writ petition (34 WRIT PETITION NO. 14176 OF 2019) was filed by Chandkjhan Imamkhan Pathan against Sanjay Vishwanath Shevale and another. The petition arose from an order dated 19 August 2019 in Regular Civil Suit No.69/2016, which had been dismissed for want of evidence and prosecution. The court examined whether any issue remained for adjudication in the writ petition after the dismissal of the underlying suit. It held that the dismissal of the civil suit extinguished the cause of action, leaving nothing for the writ court to consider. Consequently, the writ petition was disposed of without any further order.

Issues considered

What, if any, remains for consideration in the writ petition after the underlying civil suit has been dismissed for want of evidence and prosecution?

Subjects

civil suit
dismissal for want of evidence
writ petition
jurisdiction
no surviving cause of action

Judgment

2026:BHC-AUG:21549




                        IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                                 BENCH AT AURANGABAD


                           34 WRIT PETITION NO. 14176 OF 2019


            Chandkjhan Imamkhan Pathan                    ….Petitioner

                     VERSUS

            Sanjay Vishwanath Shevale And Another         …..Respondents

                                            .......
            Mr. A.S. Shejwal, Advocate for petitioner
                                            ....…

                                   CORAM : SIDDHESHWAR S. THOMBRE, J.
                                   DATE     : 8th MAY, 2026
            PER COURT :


            1.          The present proceeding is arising out of order dated
            19/8/2019, passed below Exh.5 in Regular Civil Suit No.69/2016.
            Office report shows that, the suit itself has been dismissed for want
            of evidence and prosecution. In view thereof, nothing survives for
            consideration in the present Writ Petition.    Writ Petition stands
            disposed of.



                                          (SIDDHESHWAR S. THOMBRE, J.)


            fmp/-

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