Bombay High Court

VIKAS EKNATH BHAGWATversusMANISHA VIKAS BHAGWAT

Disposal: DISPOSED OFF
Bench: SIDDHESHWAR SUNDARRAO THOMBRE

Holding

Since the underlying H.M.P. No.65 of 2016 had already been disposed, the writ petition could not proceed and was dismissed.

Summary

The petitioner, Vikas Eknath Bhagwat, filed a writ petition (No. 3469 of 2017) arising out of H.M.P. No.65 of 2016. The petitioner’s counsel argued that the petition should be entertained despite the earlier proceedings. The court examined the status of H.M.P. No.65 of 2016 and found that it had already been disposed of. Since the underlying matter was concluded, the court held that there was no surviving cause of action for the writ petition. Consequently, the court disposed of the petition without further hearing.

Issues considered

Whether a writ petition is maintainable when the underlying matter (H.M.P. No.65 of 2016) has already been disposed?

Subjects

writ petition
disposal of underlying matter
jurisdiction
petition dismissed

Judgment

2026:BHC-AUG:1719
                                                  1 of 1                  925-WP.3469.2017




                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     BENCH AT AURANGABAD

                                925 WRIT PETITION NO. 3469 OF 2017

                                       VIKAS EKNATH BHAGWAT
                                                VERSUS
                                       MANISHA VIKAS BHAGWAT
                                                    ...
                Mr. K. D. Bade Patil, Advocate for the Petitioner.
                Mr. Vinayak Sudhakar Bedre, Advocate for Respondent.
                                                    ...

                                           CORAM :         SIDDHESHWAR S. THOMBRE, J.
                                           DATE    :       17th JANUARY, 2026

                P.C.:-

                1.        Learned Advocate for the Petitioner submits that the present

                petition is arising out of H.M.P. No.65 of 2016. The record reveals that

                the H.M.P. No.65 of 2016 is already disposed of.


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

                petition is disposed of.


                                                    (SIDDHESHWAR S. THOMBRE, J.)

      Tauseef

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