Bombay High Court

SHALIK VITHOBA MOREversusSAH MITRA SHRI CHANDRAKANT HARI BADHE SIR URBAN CO OP CREDIT SOCIETY LTD THR MANAGER AND ORS

Disposal: DISPOSED OFF
Bench: ARUN R PEDNEKER

Holding

The writ petition is not maintainable where the same relief is available in a parallel civil suit, and the petitioner must pursue the civil remedy.

Summary

Shalik Vithoba More filed a writ petition before the Bombay High Court, Aurangabad Bench, seeking relief against the respondents. The respondents contended that the same relief was being pursued in a parallel civil suit, which had already been deemed maintainable by the court. The petitioner argued for the writ remedy despite the ongoing civil proceedings. The court observed that the civil suit covered the same subject matter and reliefs as the writ petition. Consequently, the court disposed of the writ petition, directing the petitioner to pursue the remedy available in the civil suit.

Issues considered

Whether a writ petition is maintainable when the same relief is sought in a parallel civil suit
Whether the court should dismiss the writ petition in view of the maintainability of the civil suit

Subjects

writ petition
civil suit
parallel proceedings
maintainability
jurisdiction

Judgment

2026:BHC-AUG:9159

                                            1                            wp8257.2010

                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                              BENCH AT AURANGABAD

                              77 WRIT PETITION NO. 8257 OF 2010

                                  SHALIK VITHOBA MORE
                                           VERSUS
               SAH MITRA SHRI CHANDRAKANT HARI BADHE SIR URBAN CO
                    OP CREDIT SOCIETY LTD THR MANAGER AND ORS
                                               ...
                Advocate for the Petitioner : Mr. Tripathi Manish Purushottam
                      Advocate for Respondent No.1 : Mr. Patil Vijay P.
                                               ...

                                                CORAM : ARUN R. PEDNEKER, J.
                                                DATE      : 04.03.2026

              PER COURT:

              1.          Heard.


              2.          It is brought to my notice by the learned counsel for the

              respondent that qua the same subject matter the civil suit is filed.

              He also submits that this court in parallel proceedings has also

              observed that the civil suit is maintainable and the reliefs sought

              herein is also the relief claimed in the civil suit.


              3.          Considering his objections, the Writ Petition is disposed

              of with an observation that the petitioner can proceed with the

              remedy as is available in accordance with law.



                                                           [ARUN R. PEDNEKER, J.]

              marathe

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