Bombay High Court

BHANUDAS ASARAM SHINDE DIED LRS BHIMABAI BHANUDAS SHINDE AND OTHERSversusEKNATH MHAINGI KHATIK DIED LRS OPP NO 2 AND 3 AND OTHERS

Disposal: DISPOSED OFF
Bench: SIDDHESHWAR SUNDARRAO THOMBRE

Holding

The writ petition was dismissed as there were no remaining matters for consideration.

Summary

The petitioners filed Writ Petition No. 507 of 2017 in the Bombay High Court, Aurangabad Bench, seeking relief against the respondents. During the pendency of the petition, the petitioners instituted a fresh suit (RCS No.1083/2023) concerning the same subject matter. The respondents argued that the filing of the fresh suit constituted a supervening event rendering the writ petition moot. The Court accepted this submission, held that there was nothing left to consider, and disposed of the writ petition without recording any merits. It further directed that the trial court hearing the fresh suit should decide the issues independently, uninfluenced by any earlier order.

Issues considered

The filing of a fresh suit during the pendency of a writ petition renders the writ petition moot

Subjects

writ petition
supervening event
fresh suit
dismissal
jurisdiction

Judgment

2026:BHC-AUG:13226
                                                                                81.odt


                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD

                              81 WRIT PETITION NO. 507 OF 2017

           Bhanudas Asaram Shinde Died Lrs Bhimabai Bhanudas Shinde And
                                          Others
                                         VERSUS
               Eknath Mhaingi Khatik Died Lrs. Opp No 2 And 3 And Others
                                           …..
          Mr. Kolse Patil Madhukar G., Advocate for the Petitioners
          Mr. M. R. Khutwad, Advocate for Respondent Nos.5 and 6
          Mr. Arpit S. Tarale h/f Mr. C. K. Shinde, Advocate for Respondent
          Nos.2 and 3
                                           …..
                                         CORAM : SIDDHESHWAR S. THOMBRE, J.
                                         DATE       : 24.03.2026


          PER COURT :

          1.       After hearing the matter for some time, learned counsel for the
          respondents submits that, during the pendency of the present writ
          petition, certain supervening events have occurred. He points out that
          the petitioners have already filed a fresh suit vide RCS No.1083/2023.


          2.      In view thereof, nothing survives for further consideration in the
          present petition and the same is disposed of accordingly.


          3.      It is made clear that this Court has not recorded any findings on
          the merits of the matter. The Trial Court shall decide the issues in the
          fresh suit independently, without being influenced by the earlier order
          passed by the Trial Court.

                                                [SIDDHESHWAR S. THOMBRE, J.]
          Sameer/March-2026


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