Bombay High Court

DHANAJI GANPAT KHOMANEversusUTRESHWAR GANPAT KHOMANE

Disposal: DISPOSED OFF
Bench: SIDDHESHWAR SUNDARRAO THOMBRE

Holding

The High Court declined to entertain the writ petition on merits, disposing of it because the underlying suit had been dismissed for default, pending the outcome of the restoration application.

Summary

Petitioner Dhanaji Ganpat Khomane filed a writ petition challenging the dismissal of his suit for default by the Trial Court. The petitioner had also filed an application (Civil M.A. No.943/2025) seeking restoration of the suit before the Civil Judge, Junior Division, Beed. The respondent argued that the suit was already dismissed for default, rendering the writ petition moot. The Court, after considering the submissions, declined to entertain the writ petition on its merits and ordered the petition to be disposed, while directing that the interim order previously issued remain in force until the restoration application is decided.

Issues considered

What is the appropriate jurisdiction of the High Court to entertain a writ petition challenging a suit dismissed for default?
Does the filing of a restoration application affect the High Court's discretion to dispose of the writ petition?

Subjects

writ petition
default judgment
restoration of suit
civil procedure
interim order

Judgment

2026:BHC-AUG:20467




                       IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                                    BENCH AT AURANGABAD

                             112 WRIT PETITION NO. 2796 OF 2022

            Dhanaji Ganpat Khomane                              ….Petitioner

                     VERSUS
            Utreshwar Ganpat Khomane                            …..Respondent


                                            .......
            Mr. A.R. Tapse, Advocate for petitioner
            Mr. V.S. Sawant, Advocate for respondent

                                               ....…

                                      CORAM : SIDDHESHWAR S. THOMBRE, J.
                                      DATE     : 30th APRIL, 2026

            PER COURT :


            1.       Learned counsel for the respondent submits that, the suit is now
            dismissed for default by the Trial Court. On that, learned counsel for the
            petitioner submitted that, the application bearing Civil M.A. No.943/2025
            is filed for restoration before the Civil Judge, Junior Division, Beed. In
            view of the fact that, now the suit is dismissed for default, I am not
            inclined to entertain the present petition on merits. Writ Petition stands
            disposed of. However, it is made clear that, till the application for
            restoration is decided, the interim order passed by this Court to continue.


                                             (SIDDHESHWAR S. THOMBRE, J.)

            fmp/-

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