Bombay High Court

ANIRUDDHA PARVATRAO SHITOLE AND OTHERSversusBALBHIM SHANTARAM DOKE AND OTHERS

Disposal: DISPOSED OFF

Holding

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

Summary

The petitioners filed a writ petition (W.P. No.1861 of 2024) challenging an order dated 9 October 2023 passed by the Joint Civil Judge Junior Division, Parner, Ahmednagar, in application Exh.26 of R.C.S. No.727 of 2019. The petition claimed that the order adversely affected their rights. The High Court examined the registry report and noted that the underlying regular civil suit had been fully disposed of by the trial court on 4 May 2026. Since the civil suit, which was the subject of the writ, no longer existed, there was no surviving cause of action for the writ petition. Consequently, the Court held that the writ petition could not proceed and ordered it to stand disposed. No parties or counsel appeared before the Court.

Issues considered

The writ petition is maintainable when the underlying civil suit has been disposed of.
Whether the High Court can entertain a writ petition after the substantive suit is concluded.

Subjects

writ petition
civil suit disposal
jurisdiction
dismissal
no cause of action

Judgment

2026:BHC-AUG:39747



                                                                      7-wp1861.024.odt


                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                BENCH AT AURANGABAD
                             905 WRIT PETITION NO. 1861 OF 2024

                            Aniruddha Parvatrao Shitole And Others
                                          VERSUS
                             Balbhim Shantaram Doke And Others

                                               ----
            None present for petitioners
            None present for respondents
                                               ----

                                      CORAM :         AJIT B. KADETHANKAR, J.
                                      DATE  :         AUGUST 29, 2026
            ORDER :-

                       None present for the parties.

            2.         Feeling aggrieved by the order dated 09.10.2023 passed by

            learned Joint Civil Judge Junior Division, Parner, Dist. Ahmednagar on

            application below Exh.26 in R.C.S. No.727 of 2019 present petition is

            filed.

            3.         From the recital of the report produced by the Registry it is

            seen that the Regular Civil Suit itself is disposed of by the concerned

            court on 04.05.2026. In view of the same, nothing survives in this Writ

            Petition. The Writ Petition stands disposed of as such.



                                              [AJIT B. KADETHANKAR, J.]
                                            ………..
            KBP

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