Bombay High Court

SAKHARAM MUNJAJI DUDHATE AND ANOTHERversusDINANATH DHONDIBA DUDHATE

Disposal: DISPOSED OFF

Holding

The petition is dismissed as there is no surviving issue following the final decision in the regular civil suit.

Summary

The petitioners, Sakharm Munjaji Dudhate and another, filed a writ petition challenging a judgment dated 28 June 2018 passed by the Ad‑hoc District Judge, Parbhani in Miscellaneous Civil Appeal No.20/2017. The petitioners argued that the substantive dispute had already been finally decided in Regular Civil Suit No.67/2016 by a judgment dated 17 April 2023. The Court examined whether any issue remained for adjudication after the final decision in the regular suit. Finding that the regular suit had conclusively resolved the matter, the Court held that there was nothing left to entertain in the present petition. Consequently, the petition was disposed of.

Issues considered

Whether the writ petition remains maintainable after the substantive civil suit has been finally decided

Subjects

writ petition
civil appeal
res judicata
petition dismissed
jurisdiction

Judgment

2026:BHC-AUG:38813

                                                                       5183.19WP

                                                1

                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD

                             905 WRIT PETITION NO.5183 OF 2019

                           SAKHARAM MUNJAJI DUDHATE & ANOTHER
                                               VERSUS
                                 DINANATH DHONDIBA DUDHATE
                                                  ...
                          Advocate for the Petitioners : Mr.S.S.Birajdar h/f.
                                           Mr.S.K.Chavan
                          Advocate for Respondent : Mr.Aditya V.Kasane h/f.
                                           Mr.V.D.Salunke
                                                  ...
                                        CORAM : VAISHALI PATIL-JADHAV,J.

                                       DATE    :    25.08.2026
                 P.C. :


                 1]           By way of this petition, the petitioners have
                 challenged the judgment and order dated 28.06.2018 passed
                 by the Ad-hoc District Judge, Parbhani in Misc. Civil Appeal
                 No.20/2017.

                 2]           The learned Advocate for the petitioners submits
                 that Regular Civil Suit No.67/2016 itself is decided by the
                 judgment and order dated 17.04.2023.

                 3]           In view of the same, nothing survives in the
                 present Petition and the same stands disposed of.


                                               [VAISHALI PATIL-JADHAV]
                                                      JUDGE
                 DDC

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