Bombay High Court

THIMMAYA HIMMAYA GUNJALKARversusJUNED ABDUL HAKIM AND OTHERS

Disposal: DISPOSED OFF
Bench: SIDDHESHWAR SUNDARRAO THOMBRE

Holding

Since the underlying suit has been disposed, there is no matter left to consider and the writ petition is dismissed.

Summary

The petitioner, Thimmaya Himmaya Gunjalkar, filed a writ petition before the Bombay High Court, Aurangabad Bench, seeking relief against the respondents. During the pendency of the petition, the substantive suit that formed the basis of the petition was disposed of by the trial court. The petitioner’s counsel argued that with the disposal of the suit, there was nothing left for the court to consider in the writ petition. The learned judge agreed, holding that the petition could not proceed in the absence of any pending substantive dispute. Consequently, the writ petition was dismissed as disposed.

Issues considered

Whether a writ petition remains maintainable when the underlying suit has been disposed of?

Subjects

writ petition
disposal of suit
jurisdiction
petition dismissed

Judgment

2026:BHC-AUG:444
                                                                      976-WP-4747-2020.odt


                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD

                                976 WRIT PETITION NO. 4747 OF 2020

                                   Thimmaya Himmaya Gunjalkar
                                             VERSUS
                                   Juned Abdul Hakim And Others

                                            …..
          Mr. Dharashive M.l., Advocate for the Petitioner
                                            …..


                                           CORAM : SIDDHESHWAR S. THOMBRE, J.
                                           DATE       : 08.01.2026


          PER COURT :

          1.       The learned Counsel for the Petitioner submits that during the
          pendency of the present petition, the Suit itself has been disposed of.
          Therefore, nothing survives for consideration in this petition.


          2.       Hence, the petition stands disposed of.




                                                  [SIDDHESHWAR S. THOMBRE, J.]




          Sameer/January-2026




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