Bombay High Court

VINOD MADHUKAR MANDLIK AND OTHERSversusSHASHIKALA VASANTRAO RANAVARE AND OTHERS

Disposal: DISPOSED OFF
Bench: SIDDHESHWAR SUNDARRAO THOMBRE

Holding

The writ petition was dismissed as there was no surviving cause of action after the disposal of the underlying suit.

Summary

The petitioners filed a writ petition challenging the continuation of proceedings in suit R.C.S. No.173/2007. The petitioners' counsel submitted that the suit had already been disposed of, leaving no operative relief to be claimed. The respondent's counsel was present but made no substantive submissions. The learned judge examined the claim that the underlying suit was concluded and found no pending issues. Consequently, the court held that the writ petition had no remaining cause of action and ordered its disposal.

Issues considered

What is the effect on a writ petition when the underlying suit has been fully disposed of?

Subjects

civil procedure
writ petition
disposal of suit
jurisdiction
cause of action

Judgment

2026:BHC-AUG:17280
                                                 1 of 1                      981-WP.4261.2019




                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    BENCH AT AURANGABAD

                               981 WRIT PETITION NO. 4261 OF 2019

                            VINOD MADHUKAR MANDLIK AND OTHERS
                                              VERSUS
                        SHASHIKALA VASANTRAO RANAVARE AND OTHERS
                                                 ...
                Mr. Himmatsinh D. Deshmukh, Advocate for the Petitioners.
                Mr. Rajendra S. Sadaphule, Advocate for Respondent No.1.
                                                 ...

                                         CORAM :          SIDDHESHWAR S. THOMBRE, J.
                                         DATE     :       18th APRIL, 2026
                P.C.:-

                1.        Mr. Deshmukh, learned Advocate for the Petitioners submits

                that the suit i.e. R.C.S. No.173/2007 itself is disposed of. Therefore,

                nothing survives in the present petition and the same is disposed of.


                                                   (SIDDHESHWAR S. THOMBRE, J.)

      Tauseef

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