Bombay High Court
YAKUBKHA ALIYARKHA PATHAN AND OTHERSversusTHE MUNICIPAL COUNCIL SAKRI
- Disposal
- DISPOSED OFF
Holding
The writ petition was dismissed as the trial court had already decided the underlying suit, leaving no issue for the High Court to consider.
Summary
The petitioners Yakubkha Aliyarkha Pathan and others filed a writ petition (No. 7592 of 2020) before the Bombay High Court, Aurangabad Bench, challenging a decision of the Municipal Council Sakri. The petitioners submitted a copy of the order dated 09.11.2022 passed by the Joint Civil Judge, Junior Division, Sakri, indicating that the underlying civil suit (RCS No.09/2018) had already been decided. The court examined the submission and found that the trial court's decree left no remaining issue for the writ petition to address. Consequently, the court held that there was nothing left for consideration. The writ petition was therefore dismissed and the petition disposed of.
Issues considered
- What, if any, matters remained for consideration in the writ petition after the trial court's decision?
Subjects
- writ petition
- dismissal
- civil suit
- jurisdiction
- procedural law
- trial court decree
Judgment
2026:BHC-AUG:6918
Dilwale 1 17-WP-.7592-20odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
17 WRIT PETITION NO. 7592 OF 2020
Yakubkha Aliyarkha Pathan & Others
VERSUS
The Municipal Council Sakri
...
Advocate for the Petitioners : Mr. Patil Swapnil S.
Advocate for Respondent : D. D. Pande h/f Mr. D. S. Bagul
...
CORAM : SIDDHESHWAR S. THOMBRE, J.
DATE : 17.02.2026
PER COURT :
1. Learned counsel for the petitioners tenders across the Bar a copy of
order dated 09.11.2022 passed below Exhibit-1 by Joint Civil Judge,
Junior Division, Sakri in RCS No.09/2018, which is marked as ‘X’ for
identification and submits that the Trial Court has already decided the
suit. Therefore, nothing survives for consideration in this petition.
2. Hence, the petition is disposed of.
3. Pending Civil Applications, if any, stand disposed of.
[ SIDDHESHWAR S. THOMBRE ]
JUDGE
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