Bombay High Court

VRUSHAKET SADASHIV SHINDE AND OTHERSversusPAMABAI VRUSHIKET SHINDE AND OTHERS

Disposal: DISPOSED OFF

Holding

The petition is disposed of as infructuous because the settlement extinguishes the cause of action.

Summary

The petitioners, Vrushaket Sadashiv Shinde and others, filed a writ petition against Pamabai Vrushiket Shinde and others in the Bombay High Court, Aurangabad Bench. The petitioners later informed the court that a settlement had been reached between the parties, rendering the matters raised in the petition moot. The learned counsel for the petitioners submitted that no issue survived the settlement. The court examined the submission and noted that a settlement extinguishes the cause of action in a writ petition. Consequently, the court held that the petition was infructuous and ordered its disposal. The judgment underscores that a settled dispute obviates the need for further judicial intervention.

Issues considered

Whether the writ petition remains maintainable after the parties have settled the dispute

Subjects

settlement
writ petition
infructuous
High Court
civil procedure
cause of action

Judgment

2026:BHC-AUG:38468



                                                                       43 WP No.4733.2015
                                                   -1-

                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       BENCH AT AURANGABAD

                                  WRIT PETITION NO. 4733 OF 2015

                             VRUSHAKET SADASHIV SHINDE AND OTHERS
                                            VERSUS
                              PAMABAI VRUSHIKET SHINDE AND OTHERS
                                                  ***
              Advocate for the Petitioners : Ms. Meghana Gaur h/f Mr. S. S.
              Choudhary

                                                  ***

                                   CORAM : SACHIN S. DESHMUKH, J.
                                      Date : 25th August, 2026

              PER COURT :-


              1.              The learned counsel for petitioners submits that in view

              settlement between the parties, nothing survives in the present

              petition. As such, the issues involved in the petition have become

              infructuous.


              2.              In view of the above, the writ petition is disposed of as

              infructuous.



                                                         (SACHIN S. DESHMUKH, J.)

              Omkar Joshi

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