Bombay High Court

S S SERVICES REGISTERED PARTNERSHIP FIRM AND ANR.versusTHE STATE OF MAHARASHTRA THR. SECRETARY URBAN DEVELOPMENT DEPT. AND ORS.

Disposal: Disposed Off

Holding

The writ petition is dismissed as the same cause of action is already before a civil court, and no interim relief is granted.

Summary

The petitioners, S.S. Services and another, filed a writ petition in the Bombay High Court seeking interim relief concerning the cancellation of a contract, alleging the same cause of action as a civil suit they had filed in the Civil Court, Ichalkaranji (Regular Civil Suit No.222 of 2026) for specific performance. The learned Additional Government Pleader highlighted that the petitioners were already pursuing the matter in the civil court. The Court observed that the petitioners had not sought any interim relief in the civil suit and were now approaching the High Court on the same cause of action. Consequently, the Court declined to entertain the writ petition, directing the petitioners to seek any appropriate interim relief before the civil court. The Court also clarified that it had not examined the merits of the dispute and that all rights and contentions remain open to the parties.

Issues considered

The petitioners' writ petition seeks interim relief on a cause of action already pending before a civil court.

Subjects

writ petition
interim relief
parallel proceedings
civil suit
specific performance
jurisdiction
res judicata

Judgment

906-WP-4061-2026.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CIVIL APPELLATE JURISDICTION

WRIT PETITION NO. 4061 OF 2026

S. S. Services and Another ...Petitioners.
Versus
The State of Maharashtra and Others ...Respondents.
——————
Mr. K. K. Sasavade with Mr. Ravjardhan K. Sasavade & M.r Shairyasheetl v.
Pingale, for the Petitioners.
Mr. .. AGP for the Respondent-State.
——————
Coram : Sharmila U. Deshmukh &
Neeraj P. Dhote, JJ.
Date : August 21, 2026.
P. C. :

1. The learned AGP points out that in respect of the same cause of

action, as regards the cancellation of the contract entered into with the

present Petitioner, the Petitioner has iled a civil suit.

2. We have perused the Regular Civil Suit No.222 of 2026 iled with

the Civil Court, Ichalkaranji seeking speciic performance of the

contract. The suit has been iled on 14 th July 2026. Instead of seeking

interim relief in the said suit, the Petitioner has approached this court

on the same cause of action. As the petitioner has already approached

the civil Court, we are not inclined to entertain the present petition.

3. The Petition is disposed of.

Gaikwad RD 1 of 2
906-WP-4061-2026.doc

4. It is open for the Petitioner to seek appropriate interim relief

before the civil Court.

5. It is clariied that this Court has not gone into the merits of the

matter. As such, all rights and contentions are expressly kept open.

[Neeraj P. Dhote, J.] [Sharmila U. Deshmukh, J.]

Digitally
signed by
RAJU
RAJU DATTATRAYA
DATTATRAYA GAIKWAD
GAIKWAD Date:
2026.08.21
18:54:20
+0530

Gaikwad RD 2 of 2

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