Bombay High Court

VASANT DAULAT DEORE AND OTHERSversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal: DISPOSED OFF
Bench: SIDDHESHWAR SUNDARRAO THOMBRE

Holding

The writ petition was dismissed as there was no surviving cause of action after the withdrawal of the underlying appeal.

Summary

The petitioners filed a writ petition (No. 5372 of 2019) arising from Regular Civil Appeal No. 57 of 2011. The court noted that the underlying appeal had been withdrawn on 18 October 2019, leaving no surviving cause of action. Consequently, the writ petition could not proceed. The court therefore disposed of the petition for lack of any remaining issue. No substantive merits were addressed.

Issues considered

The petition remains maintainable when the underlying civil appeal has been withdrawn

Subjects

writ petition
withdrawal of appeal
no cause of action
disposal of petition

Judgment

2026:BHC-AUG:1731
                                                  1 of 1                  948-WP.5372.2019




                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     BENCH AT AURANGABAD

                                948 WRIT PETITION NO. 5372 OF 2019

                                 VASANT DAULAT DEORE AND OTHERS
                                                VERSUS
                             THE STATE OF MAHARASHTRA AND OTHERS
                                                    ...
                Mr. Balaji S. Shinde, Advocate for the Petitioners.
                Mr. R. B. Dhaware, AGP for Respondent-State.
                                                    ...

                                           CORAM :         SIDDHESHWAR S. THOMBRE, J.
                                           DATE    :       17th JANUARY, 2026

                P.C.:-

                1.        Learned Advocate for the Petitioners submits that the present

                petition is arising out of R.C.A. No.57 of 2011. The record reveals that

                the R.C.A. No.57 of 2011 is already disposed of as withdrawn on

                18.10.2019.

                2.        In view thereof, nothing survives in this petition. Hence, the

                petition is disposed of.


                                                    (SIDDHESHWAR S. THOMBRE, J.)

      Tauseef

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