Bombay High Court

VRANDAVANI BRAHMADEO SONNE AND ANOTHERSversusVACCHALABAI MAHADEO JADHAV AND OTHERS

Disposal: DISPOSED OFF
Bench: SIDDHESHWAR SUNDARRAO THOMBRE

Holding

The writ petition was dismissed as there was nothing left to adjudicate while the substantive suit remained pending.

Summary

The petitioners, Vranda... and others, filed a writ petition (953 WRIT PETITION NO. 669 of 2016) challenging the proceedings in Special Civil Suit No.2 of 2015. The petition argued that the suit was still pending before the trial court. The learned counsel for the petitioners informed the court that the suit was indeed at the argument stage. The court observed that since the substantive suit was still pending, the writ petition had no remaining ground for relief. Consequently, the court disposed of the writ petition, holding that nothing survived in the petition.

Issues considered

What is the appropriate course of action when a writ petition is filed while the substantive civil suit is still pending before the trial court?

Subjects

writ petition
pending civil suit
dismissal
jurisdiction
maintainability

Judgment

2026:BHC-AUG:8967
                                                  1 of 1                  953-WP.669.2016




                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     BENCH AT AURANGABAD

                                953 WRIT PETITION NO. 669 OF 2016

                        VRANDAVANI BRAHMADEO SONNE AND ANOTHERS
                                              VERSUS
                          VACCHALABAI MAHADEO JADHAV AND OTHERS
                                                  ...
                Mr. Avinash D. Aghav, Advocate for the Petitioners.
                Mr. Valmik S. Munjal h/f. Mr. Vikram S. Undre, Advocate for
                Respondent Nos.1 to 7.
                                                  ...

                                           CORAM :         SIDDHESHWAR S. THOMBRE, J.
                                           DATE    :       27th FEBRUARY, 2026

                P.C.:-

                1.        Mr. Aghav, learned Advocate for the Petitioners submits that

                the suit, i.e. Special Civil Suit No.2 of 2015 is now kept for arguments

                before the Trial Court.

                2.        In view thereof, nothing survives in the present petition and

                the same is disposed of.

                                                    (SIDDHESHWAR S. THOMBRE, J.)

      Tauseef

Continue reading with your account

Checking your session…