Bombay High Court

HIRABAI BANSILAL BAGDIA DIED LRS OMPRAKASH BANSILAL BAGDIA DIED LRS DHRUVANARAYAN AND OTHERSversusTARABAI RAMNIWAS LAKHOTIYA AND OTHERS

Disposal: DISPOSED OFF
Bench: SIDDHESHWAR SUNDARRAO THOMBRE

Holding

The writ petition was disposed of as nothing survived after the underlying civil suit was settled.

Summary

The petitioners filed a writ petition (No.7537 of 2016) arising out of Civil Suit RCS No. 732 of 2012. The petition alleged that the respondents had caused some grievance, prompting the petitioners to seek relief from the High Court. During the pendency of the writ, the underlying civil suit was settled by compromise and consequently disposed of by the trial court. The petitioners argued that the writ petition should continue despite the settlement of the suit. The Court examined whether any cause of action remained after the civil suit’s disposal. Finding that the civil suit, which was the factual foundation of the writ, had been fully resolved, the Court held that nothing survived in the petition. Accordingly, the writ petition was dismissed as there was no longer any dispute to adjudicate.

Issues considered

Whether a writ petition remains maintainable when the underlying civil suit has been disposed of by compromise

Subjects

writ petition
civil suit
compromise
petition dismissed
jurisdiction

Judgment

2026:BHC-AUG:1208


                                                                            wp7537-16.doc
                    drp
                            IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                                       BENCH AT AURANGABAD

                                    WRIT PETITION NO.7537 OF 2016

                    Hirabai Bansilal Bagdia (Died) LRs & Others         PETITIONERS

                          VERSUS

                    Tarabai Ramniwas Lakhotiya and Others              RESPONDENTS

                                                .......
                    Mr. N. M. Deshpande, Advocate for the Petitioners
                    Ms.Khushi Verma h/f Mr. P. R. Katneshwarkar, Advocate for
                    Respondents No.1 and 2
                                                ....…

                                          [CORAM : SIDDHESHWAR S. THOMBRE, J.]

                                             DATE : 13th JANUARY, 2026

                    ORDER :

                    1.    This Petition is pending since 2016. Record reveals that the

                    present petition arises out of RCS No. 732 of 2012 and now it

                    transpires that the Civil Suit is already disposed of in pursuance

                    of the compromise.


                    2.    As the Civil Suit itself is disposed of, nothing survives in

                    the petition and the same is, therefore, disposed of.



                                                    [ SIDDHESHWAR S. THOMBRE ]
                                                               JUDGE

                    drp/wp7537-16.doc

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