Bombay High Court

YASHVANT HARIKURSHANARAO KULKARNIversusSUNIL SHRIKISHAN BIYANI AND OTHERS

Disposal: DISPOSED OFF
Bench: SIDDHESHWAR SUNDARRAO THOMBRE

Holding

The petition was dismissed as there was nothing left to adjudicate after the disposal of the underlying civil suit.

Summary

The petitioner, Yashvant Harikurshanarao Kulkarni, filed writ petition No. 8172 of 2017 arising out of civil suit R.C.S. No.20 of 2010. The court noted that the civil suit had already been disposed on 16 August 2017. Since the underlying suit was concluded, the petition had no surviving cause of action. Accordingly, the court held that there was nothing left to adjudicate. The writ petition was therefore dismissed.

Issues considered

Whether any relief can be granted in a writ petition when the underlying civil suit has already been disposed

Subjects

writ petition
disposal of suit
no cause of action
res judicata
petition dismissed

Judgment

2026:BHC-AUG:1727
                                                  1 of 1                  940-WP.8172.2017




                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     BENCH AT AURANGABAD

                                940 WRIT PETITION NO. 8172 OF 2017

                             YASHVANT HARIKURSHANARAO KULKARNI
                                               VERSUS
                              SUNIL SHRIKISHAN BIYANI AND OTHERS
                                                   ...
                Mr. Suhas R. Shirsat, Advocate for the Petitioner.
                                                   ...

                                           CORAM :         SIDDHESHWAR S. THOMBRE, J.
                                           DATE    :       17th JANUARY, 2026

                P.C.:-

                1.        Learned Advocate for the Petitioner submits that the present

                petition is arising out of R.C.S. No.20 of 2010. The record reveals that

                the R.C.S. No.20 of 2010 is already disposed of on 16.08.2017.


                2.        In view thereof, nothing survives in this petition. Hence, the

                petition is disposed of.


                                                    (SIDDHESHWAR S. THOMBRE, J.)

      Tauseef

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