Bombay High Court

BABURAO BAYAJI JAGADALEversusSHANKAR MALHARI KHOLASE ( DECEASED )

Disposal: Disposed Off

Holding

The writ petition is dismissed as nothing survives after the amicable settlement.

Summary

Petitioner Baburao Bayaji Jagadale filed a writ petition against the estate of the deceased respondent Shankar Malhari Kholase. The respondent's counsel submitted a copy of a lower court order dated 15 July 2026 showing that the parties had reached an amicable settlement and filed a compromise petition. The court examined whether any relief could still be granted in view of the settlement. Finding that the settlement extinguished the cause of action, the court held that nothing remained for adjudication. Consequently, the writ petition and any interim applications were disposed of.

Issues considered

Whether the writ petition should be dismissed in view of an amicable settlement between the parties

Subjects

amicable settlement
writ petition
disposal
civil procedure
court order

Judgment

                       1                           501-WP-4991-1999 (C)

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

                WRIT PETITION NO. 4991 OF 1999

Baburao Bayaji Jagadale                       …...Petitioner
     Vs
Shankar Malhari Kholase (Deceased )           …...Respondent

                                   ...
None for the Petitioner.
Mr. Mahesh Bhosale i/b Mr. Vishwanath Talkute, Advocate for
the Respondent.
                              ...

                    CORAM : SHAILESH P. BRAHME, J.
                     DATE : 11TH SEPTEMBER, 2026.

ORDER :


.        Learned counsel appearing for the Respondent tendered on
record a copy of the order dated 15.07.2026 passed below Exhibit-
1 in R.D. No.105 of 2019, disclosing amicable settlement and
filing of compromise pursis at Exhibit-27.


2.       In view of the amicable settlement, nothing survives in this
Writ Petition. The Writ Petition is disposed of. Interim
Applications, if any, are also disposed of.



                                [ SHAILESH P. BRAHME J. ]


Suresh

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