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Bombay High Court

SACHIN VYANKATRAO KESHAVSHETTYversusTHE COLLECTOR, OSMANABAD AND OTHERS

Disposal
DISPOSED OFF

Holding

The writ petition was dismissed as nothing remained to be adjudicated after the related civil suit was settled out of court.

Summary

The petitioner, Sachin Vyankatrao Keshavshetty, filed a criminal writ petition against the Collector, Osmanabad. The High Court observed that the petition could not be entertained because a related civil suit (R.C.S. No. 467 of 2016) was pending. The petitioner failed to clarify the status of that suit as required by the court's order dated 01.02.2021. The civil suit was later settled out of court, and an order dated 23.10.2023 confirming the settlement was annexed to the record. In view of the settlement, the court found that no issue remained in the writ petition and consequently disposed of it.

Issues considered

  • What is the effect of a pending civil suit on the maintainability of a criminal writ petition involving the same dispute?

Subjects

  • civil suit pendency
  • lis pendens
  • criminal writ petition
  • jurisdiction
  • petition disposal

Judgment

2026:BHC-AUG:26801-DB
                                                     (1)
                                                                   925 Cri.W.P.1604-2018.odt

                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                BENCH AT AURANGABAD
                      925 CRIMINAL WRIT PETITION NO. 1604 OF 2018

                          SACHIN VYANKATRAO KESHAVSHETTY
                                       VERSUS
                        THE COLLECTOR, OSMANABAD AND OTHERS

                -----------------------------------------------------------------------------
                Adv. Hashmi Ubaid S. h/f Adv. Anjali Dube (bajpai),
                Advocate for the Petitioner
                Adv. G. A. Kulkarni, APP for Respondents
                -----------------------------------------------------------------------------

                                    CORAM : SANDIPKUMAR C. MORE AND
                                            VAISHALI PATIL-JADHAV, JJ.

                                    DATED : 07 JULY 2026.

                Per Court :

                .              From the record, it appears that this Court

                was not ready to entertain the petition on account of

                pendency of one Civil Suit regarding the same dispute.

                The petitioner was also asked to satisfy the Court on this

                point.



                2.             However,       nothing      was      clarified     by    the

                petitioner as per the order dated 01.02.2021. Further, it

                appears that R.C.S. No. 467 of 2016 which was pending

                between the parties, appears to have been settled out of

                Court. Even a copy of order dated 23.10.2023 is annexed
                             (2)
                                         925 Cri.W.P.1604-2018.odt
by the Resource Personnel of this Court along with his

report dated 03.07.2026.



3.         In view of the same, nothing survives in this

petition and it stands disposed of.



(VAISHALI PATIL-JADHAV)            (SANDIPKUMAR C. MORE)
       JUDGE                               JUDGE




shivani/


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