Bombay High Court
SURESH SHRIHARI KAWADEversusVISHNU NIVRUTTI KAWADE AND OTHERS
- Disposal
- DISPOSED OFF
Holding
The petition is dismissed as the suit has already been disposed by the recorded compromise, rendering the writ petition untenable.
Summary
The petitioner, Suresh Shrihari Kawade, filed a writ petition challenging an order dated 09 June 2016 passed by the Civil Judge, Junior Division, Kalam, Osmanabad, which recorded a compromise filed as Exhibit‑55 and led to the disposal of the underlying suit. The petitioner contended that the compromise order was improper and sought relief through the writ petition. The High Court examined whether the writ petition could be entertained given that the suit had already been terminated by the recorded compromise. The Court observed that once a suit is disposed on the basis of a compromise, the matter is conclusively settled and no further judicial intervention is permissible through a writ petition. Consequently, the Court dismissed the petition without awarding costs.
Issues considered
- Whether a writ petition challenging a compromise order recorded by a civil court can be entertained after the suit has been disposed on that compromise
Subjects
- compromise
- civil suit
- writ petition
- dismissal
- jurisdiction
Judgment
2026:BHC-AUG:439
904-WP-2492-2017.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
904 WRIT PETITION NO. 2492 OF 2017
Suresh Shrihari Kawade
VERSUS
Vishnu Nivrutti Kawade And Others
…..
Mr. Pradip S. Jadhav h/f Mr. Singare Ramdas B., Advocate for the
Petitioner
…..
CORAM : SIDDHESHWAR S. THOMBRE, J.
DATE : 08.01.2026
PER COURT :
1. Heard the learned Counsel for the Petitioner.
2. By way of the present petition, the Petitioner assails the order
dated 09.06.2016 passed by the learned Civil Judge, Junior Division,
Kalam, District Osmanabad, below Exhibit – 55, whereby the
compromise came to be filed and the same was read and recorded.
3. In view of the compromise pursis filed at Exhibit – 55, the Suit
has been disposed of by the learned Trial Court.
4. In view of thereof, the present petition cannot be entertained.
5. Hence, the petition stands dismissed. No order as to costs.
[SIDDHESHWAR S. THOMBRE, J.]
Sameer/January-2026 1
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