Bombay High Court

RUKMINBAI RAOSAHEB SHINDE AND ANOTHERversusNEELA VINAYAK NILANGEKAR AND OTHERS

Disposal: DISPOSED OFF

Holding

The dismissal of the underlying suit extinguishes the cause of action, rendering the writ petition void and subject to disposal.

Summary

The petitioners, Rukminbai Raosaheb Shinde and another, filed Writ Petition No. 549 of 2024 before the Bombay High Court, Aurangabad Bench, challenging the dismissal of their underlying suit. The petitioners argued that the dismissal of the suit on 28 November 2025 left a cause of action for the writ petition. The respondent, Neela Vinayak Nilangekar, contended that the suit's dismissal extinguished any relief that could be sought through the writ. The Court examined whether any substantive relief remained after the suit was dismissed. Finding that the suit's dismissal left nothing for the writ petition to address, the Court ordered the writ petition to be disposed. Consequently, the petition was dismissed as there was no surviving cause of action.

Issues considered

What is the effect of the dismissal of the underlying suit on the continuance of a writ petition filed thereafter?

Subjects

writ petition
dismissal of suit
cause of action
civil procedure

Judgment

2026:BHC-AUG:38722



                                                                          4-sr904.odt


                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                BENCH AT AURANGABAD

                             904 WRIT PETITION NO. 549 OF 2024

                           Rukminbai Raosaheb Shinde And Another
                                           VERSUS
                             Neela Vinayak Nilangekar And Others

                                              ----
            Mr.M.B.Ubale, Advocate for petitioners
            Mr.V.D.Sonawane, Advocate for respondent - sole
                                              ----

                                      CORAM :    AJIT B. KADETHANKAR, J.
                                      DATE  :    AUGUST 25, 2026

            ORDER :-

                        Learned advocate for the petitioners submits that vide

            judgment and order dated 28.11.2025, the suit itself is dismissed and

            nothing survives in the present Writ Petition.    Accordingly, the Writ

            Petition stands disposed of.



                                             [AJIT B. KADETHANKAR, J.]
                                           ………..


            KBP

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