Bombay High Court

DHUDKABAI TAHNA BACHAV AND ANOTHERversusBUDHA RAMCHANDRA MALI AND ANOTHER

Disposal: DISPOSED OFF
Bench: ABASAHEB D SHINDE

Holding

The writ petition is disposed, but the petitioners are granted liberty to institute appropriate proceedings if the civil suit is restored.

Summary

The petitioners, Dhu... Tahna Bachav and another, filed a writ petition seeking relief after the civil suit R.C.S. No. 32 of 2016 pending before the Civil Judge Senior Division, Chalisgaon was dismissed on 11 March 2022 for non‑prosecution. They contended that, with the dismissal of the suit, there was nothing left for the writ petition to address. However, they requested liberty to institute appropriate proceedings should the civil suit be restored. The Court examined whether the writ petition could be dismissed on the ground that the underlying suit no longer existed and whether the petitioners could be granted leave to revive the suit. The Court held that the writ petition stands disposed but granted the petitioners liberty to file fresh proceedings if the civil suit is reinstated. Accordingly, the petition was disposed with the liberty as prayed for.

Issues considered

What is the appropriate disposition of a writ petition when the underlying civil suit has been dismissed for non‑prosecution?
Whether the petitioners may be granted leave to institute fresh proceedings if the dismissed civil suit is later restored?

Subjects

writ petition
civil suit
non‑prosecution
leave to institute proceedings
dismissal
restoration of suit

Judgment

2026:BHC-AUG:16973
1 935.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
935 WRIT PETITION NO. 6000 OF 2019

DHUDKABAI TAHNA BACHAV AND ANOTHER
VERSUS
BUDHA RAMCHANDRA MALI AND ANOTHER
...

Advocate for the Petitioner : Mr. Patil Ujwal Subhash
Advocate for Respondent No.2 : Mr. Pawar K. Ippar h/f. Mr. Shinde Sharad S.
…
CORAM : ABASAHEB D. SHINDE, J.
DATE : 18.04.2026
PER COURT :
. Mr. Patil, learned counsel for the petitioners submits that the
proceedings of R.C.S. No. 32 of 2016 pending before the learned Civil
Judge Senior Division, Chalisgaon itself has been dismissed on
11.03.2022 for non-prosecution.

2. As such, nothing survives in this Writ Petition. He however, seeks
leave to take out appropriate proceedings in case the Civil Suit is
restored. Leave granted.

3. The Writ Petition accordingly, stands disposed of with a liberty as
prayed for.

( ABASAHEB D. SHINDE, J. )

vsj..

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