Bombay High Court

KISHOR HAUSIRAM BRAHMANE AND ANOTHERversusTHE ADDITIONAL DIVISIONAL COMMISSIONER NASHIK DIVISION NASHIK AND OTHERS

Disposal: DISPOSED OFF
Bench: SIDDHESHWAR SUNDARRAO THOMBRE

Holding

The petition is dismissed as there is nothing left to consider after the disposal of the civil suit.

Summary

Kishor Hausiram Brahmane and another filed a writ petition challenging actions of the Additional Divisional Commissioner, Nashik Division. While the petition was pending, the underlying civil suit on the same cause of action was finally disposed. The Court examined whether any relief could still be granted in the writ petition after the civil suit’s disposal. Finding that the civil suit’s resolution left no substantive issue for the writ petition, the Court held there was nothing left to consider. Consequently, the petition was dismissed and marked disposed.

Issues considered

Whether a writ petition remains maintainable when the substantive civil suit concerning the same matter has been disposed

Subjects

writ petition
civil suit
disposal
maintainability
jurisdiction

Judgment

2026:BHC-AUG:5214
              Dilwale                                       1                 16-WP-7012-18.odt




                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     BENCH AT AURANGABAD

                                   16 WRIT PETITION NO. 7012 OF 2018

                             Kishor Hausiram Brahmane And Another
                                               VERSUS
               The Additional Divisional Commissioner Nashik Division Nashik And
                                                Others
                                                  ...
             Advocate for the Petitioners : Mr. Shubham S. Kote h/f Mr. Hon Ashwin V.
             AGP for Respondents: Mrs. D. S. Jape
                                                  ...

                                       CORAM         : SIDDHESHWAR S. THOMBRE, J.
                                       DATE          : 06.02.2026

             PER COURT :
             1.         During pendency of the present petition, the Civil Suit itself has

             been disposed of. Therefore, nothing survives for consideration in this

             petition.

             2.         Hence, the petition stands disposed of.


                                                          [ SIDDHESHWAR S. THOMBRE ]
                                                                    JUDGE

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