Bombay High Court
MRS. USHA SURYAKANT MAVANIversusMR. VIJAY KADAKIA, THE SECRETARY
- Decided
- Disposal
- Disposed Off
Holding
The writ petition was dismissed as infructuous because the parties had settled the dispute and filed consent terms.
Summary
Usha Suryakant Mavani filed Writ Petition No.14300 of 2017 against Vijay Kadakia in the High Court of Bombay. The respondent submitted that the dispute had been amicably settled and that consent terms had been filed with the court. The consent terms were marked ‘X’ and placed on record. The court held that the filing of the consent terms rendered the writ petition infructuous. Consequently, the petition and the pending interim applications were disposed of as infructuous.
Issues considered
- What is the effect of an amicable settlement and filed consent terms on the maintainability of a pending writ petition?
Subjects
- civil procedure
- writ petition
- settlement
- consent terms
- infructuous petition
Judgment
2026:BHC-AS:39086
k 1/2 32 wp 14300.17 as.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.14300 OF 2017
Usha Suryakant Mavani ....Petitioner
V/S
Vijay Kadakia ....Respondent
WITH
CIVIL APPLICATION NO.1098 OF 2018
IN
WRIT PETITION NO.14300 OF 2017
Usha Suryakant Mavani ....Applicant
IN THE MATTER BETWEEN
Usha Suryakant Mavani ....Petitioner
V/S
Vijay Kadakia ....Respondent
WITH
CIVIL APPLICATION NO.2086 OF 2019
IN
WRIT PETITION NO.14300 OF 2017
Usha Suryakant Mavani ....Applicant
IN THE MATTER BETWEEN
Usha Suryakant Mavani ....Petitioner
V/S
Vijay Kadakia ....Respondent
_________
None for the Petitioner/Applicant.
Mr. Dhairya Sampat i/b Ajay Law Associates for Respondent.
__________
CORAM : SANDEEP V. MARNE, J.
DATE : 23 SEPTEMBER 2026.
P.C.:
1. None appears for the Petitioner/Applicant. The learned counsel
appearing for the Respondent submits that the dispute before the Co-
katkam Page No. 1 of 2
k 2/2 32 wp 14300.17 as.doc
operative Court is amicably settled and Consent Terms have been filed.
Copy of the Consent Terms is taken on record and marked ‘X’ for
identification. Writ Petition is thus rendered infructuous. It is
accordingly disposed of as infructuous.
2. Pending Interim Applications are also disposed of.
(SANDEEP V. MARNE, J.)
katkam
Signed by: Sudarshan R. Katkam Page No. 2 of 2
Designation: PS To Honourable Judge
Date: 24/09/2026 15:31:22
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