Bombay High Court

SHANKARSINH CHANDSINH THAKURversusBALIRAM BALAJI KALYANKAR AND OTHERS

Disposal: DISPOSED OFF
Bench: SIDDHESHWAR SUNDARRAO THOMBRE

Holding

The petition was disposed of as there was nothing left to adjudicate after the withdrawal of the underlying suit.

Summary

The petitioner, Shankarsinh Chandsinh Thakur, filed a writ petition before the Bombay High Court, Aurangabad Bench. Respondent No.4, represented by Advocate Hamzakhan I. Pathan, informed the Court that the underlying civil suit (R.C.S. No.242 of 216) had been withdrawn. The Court considered whether any relief could still be granted in the writ petition after the withdrawal of the suit. Finding that the petition was predicated on the existence of the pending suit and that no cause of action remained, the Court held that there was nothing left to adjudicate. Consequently, the petition was disposed of.

Issues considered

What is the effect on a writ petition when the underlying civil suit on which it is based is withdrawn?

Subjects

writ petition
withdrawal of suit
disposal of petition
civil procedure

Judgment

                                         1 of 1                  926-WP.2508.2018




                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                              BENCH AT AURANGABAD

                         926 WRIT PETITION NO. 2508 OF 2018

                          SHANKARSINH CHANDSINH THAKUR
                                        VERSUS
                       BALIRAM BALAJI KALYANKAR AND OTHERS
                                           ...
          Mr. Abhijeet Choudhary, Advocate for the Petitioner.
          Mr. Hamzakhan I. Pathan, Advocate for Respondent No.4.
                                           ...

                                  CORAM :         SIDDHESHWAR S. THOMBRE, J.
                                  DATE    :       27th FEBRUARY, 2026

          P.C.:-

          1.        Mr. Pathan, learned Advocate for Respondent No.4 submits

          that the suit i.e. R.C.S. No.242 of 216, which was pending, has been

          withdrawn.

          2.        In view thereof, nothing survives in this petition and the

          same is disposed of.

                                           (SIDDHESHWAR S. THOMBRE, J.)

Tauseef

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