Bombay High Court

VAISHALI SUNIL PARHE AND ANOTHERversusMOHAN JAYRAM PANDURE AND OTHERS

Disposal: DISPOSED OFF

Holding

The writ petition is dismissed as withdrawn because the petitioners may pursue the alternate remedy.

Summary

The petitioners filed a writ petition challenging an award/order dated 11 February 2023 passed by a Lok Adalat in RCS No. 124/2023. They contended that they had already initiated an alternate remedy by filing RCS No. 476/2024 and therefore sought to have the writ petition withdrawn. The learned Judge examined whether the existence of the alternate remedy barred continuation of the writ petition. The Court held that the petitioners were free to pursue the alternate remedy and that the writ petition could be treated as withdrawn. Consequently, the writ petition was disposed of as withdrawn.

Issues considered

Whether a writ petition challenging a Lok Adalat award should be dismissed when the petitioners have filed an alternate civil suit.
Whether the filing of an alternate remedy automatically results in the withdrawal of the writ petition.

Subjects

Lok Adalat
alternate remedy
writ petition
withdrawal
civil procedure

Judgment

2026:BHC-AUG:37142


                     IN THE JUDICATURE OF HIGH COURT AT BOMBAY
                                BENCH AT AURANGABAD


                             25 WRIT PETITION NO. 15480 OF 2025
                                  Vaishali Sunil Parhe and another
                                             VERSUS
                                  Mohan Jayram Pandure and others
                                                   ...
               Advocate for the Petitioners : Mr. N.N. Bhagwat
               Advocate for Respondent Nos. 1 to 3 : Mr. N. D. Batule
                                                   ...

                                          CORAM : MANJUSHA DESHPANDE,J.
                                             Dated : August 17, 2026

               PER COURT :-

               1.    The petitioners are challenging the award/order dated 11.02.2023

               passed by the learned Judge in Lok Adalat in RCS No. 124/2023.

               2.    The learned Advocate for the petitioners submits that petitioners

               have already availed the alternate remedy by filing RCS No.476/2024.

               Therefore, prays that this petition can be disposed of as withdrawn.

               3.    The petitioners are at liberty to pursue the alternate remedy.

               4.    The writ petition is disposed of as withdrawn.




                                                   ( MANJUSHA DESHPANDE, J. )

               shp

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