Bombay High Court

ABDUL QUADAR ABDUL RAZZAKversusTHE MUNICIPAL CORPORATION AURANGABAD THROUGH COMMISSIONER

Disposal: DISPOSED OFF
Bench: SIDDHESHWAR SUNDARRAO THOMBRE

Holding

The writ petition stands disposed as the underlying civil suit has already been disposed, leaving no surviving cause of action.

Summary

Abdul Quadar Abdul Razzak filed a writ petition challenging an order dated 19 May 2018 passed by the District Judge in Miscellaneous Civil Appeal No. 83 of 2018, which itself stemmed from an order dated 12 April 2018 in Regular Civil Suit No. 36 of 2015. The petitioner sought relief against the Municipal Corporation of Aurangabad. The High Court examined the status of the underlying civil suit and found that the suit had already been disposed of. Since the disposal of the suit left no surviving cause of action, the Court held that the writ petition could not proceed. Consequently, the petition was dismissed as there was nothing left to adjudicate.

Issues considered

What is the effect of the disposal of the underlying civil suit on the pending writ petition?

Subjects

writ petition
civil suit disposal
maintainability
jurisdiction
cause of action

Judgment

2026:BHC-AUG:19979




                        IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                                   BENCH AT AURANGABAD

                          15 WRIT PETITION NO. 5121 OF 2018

            Abdul Quadar Abdul Razzak                      ….Petitioner


                     VERSUS

            The Municipal Corporation Aurangabad           …..Respondent


                                             .......
            Mr. H.I. Pathan, Advocate for petitioner
            Mr. A.P. Bhandari, Advocate for respondent
                                            ....…

                                     CORAM : SIDDHESHWAR S. THOMBRE, J.
                                     DATE     : 30th APRIL, 2026
            PER COURT :


            1.          The present proceedings are arising out of the order
            dated 19/5/2018, passed by learned District Judge-12, Aurangabad
            in Misc. Civil Appeal No.83/2018, arising out of the order dated
            12/4/2018, passed by learned Civil Judge, Senior Division, &
            Corporation Court, Aurangabad below Exh.5 in Regular Civil Suit
            No.36/2015.       As per the office report, now the suit is already
            disposed of. In view thereof, nothing survives in the petition. The
            petition stands disposed of.



                                            (SIDDHESHWAR S. THOMBRE, J.)


            fmp/-

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