Bombay High Court

ISMAIL RASOOL TELI AND ANOTHERversusLAXMAN MANILAL MOCHI AND OTHERS

Disposal: DISPOSED OFF

Holding

The writ petition is disposed of as there is no surviving cause of action after the withdrawal of the execution proceeding.

Summary

The petitioners failed to appear before the High Court, and the respondent's counsel submitted an order dated 24-10-2024 showing that the execution proceedings underlying the writ petition had been withdrawn by the decree holder. The court gave the petitioners an opportunity to comment, but they remained absent in the second session as well. Since the Darkhast (execution) proceeding was withdrawn, no cause of action remained for the writ petition. The court therefore held that there was nothing left to adjudicate and ordered the petition to be disposed. The judgment was delivered by Justice Ajit B. Kadethankar on 22 September 2026.

Issues considered

What is the appropriate disposition of a writ petition when the underlying execution proceeding has been withdrawn and no cause of action remains?

Subjects

writ petition
execution proceedings
withdrawal
jurisdiction
dismissal
cause of action

Judgment

2026:BHC-AUG:43154



                                                      1
                                                                      903-wp-1553-2023

                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     BENCH AT AURANGABAD

                                     WRIT PETITION NO. 1553 OF 2023

                                     Ismail Rasool Teli And Another
                                                VERSUS
                                   Laxman Manilal Mochi And Others
                                                   ...
                     None for the petitioners.
                     Mr. V. P. Raje h/f Mr. G. S. Rane, Advocate for Respondent
                     nos.1, 2 and 4
                                                   …..
                                          CORAM : AJIT B. KADETHANKAR, J.
                                             DATED : 22ND SEPTEMBER, 2026

                     P.C. :-

                     .         This matter was called out in the first session. Nobody

                     appeared for the petitioners.

                     2.        Mr. G. S. Rane, learned Advocate for respondent

                     nos.1, 2 and 4 was present. He placed on record an order

                     dated 24.10.2024 passed by learned Civil Judge Junior

                     Division, Chopda, District Jalgaon in Regular Darkhast No.04

                     of 2021. Mr. Rane submits that the execution proceedings out

                     of which the present Writ Petition has arisen itself is now no

                     more. He submits that on account of a pursis produced below

                     Exhibit-197 filed by the decree holder, the Darkhast has been

                     withdrawn by the decree holders.
                               2
                                               903-wp-1553-2023

3.      To give an opportunity to the petitioners to comment on

this submission, the matter was kept in the second session.

4.      Mr. V. P. Raje h/f Mr. G. S. Rane, learned Advocate

respondent nos.1, 2 and 4 submits that Mr. Rane has informed

Mr. B. R. Warma about today’s matter and that the matter is

kept in the second session.

5.      In the second session also, none present for the

petitioners. Copy of the order dated 24.10.2024 passed below

Exhibit-1 in Regular Darkhast No.04 of 2021 is taken on

record and marked as ‘Annexure-X’ for the purpose of

identification. Considering that the Darkhast proceeding itself

is withdrawn by the decree holder, nothing survives in this

Writ Petition. Hence, Writ Petition stands disposed of.



                                   ( AJIT B. KADETHANKAR, J. )

Rushikesh/2026

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