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Bombay High Court

KASHIBAI RAMBHAU NALAWADE AND OTHERSversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal
DISPOSED OFF

Holding

The writ petition is dismissed and the matter is to be decided by the pending civil suit.

Summary

The petitioners, Kashibai R. Nalawade and others, filed Writ Petition No. 8319 of 2018 before the High Court of Bombay, Aurangabad Bench, seeking relief against the State of Maharashtra and other respondents. The Court observed that a regular civil suit (No. 199 of 2014) concerning the same dispute was already pending before the Joint Civil Judge, Junior Division, Paithan. Consequently, the Court held that the writ petition could not be entertained while the civil suit remained unresolved. The petition was therefore disposed of, and any pending civil applications were also dismissed. The Court directed that the civil suit be decided on its own merits in accordance with law.

Issues considered

  • Whether a writ petition may be entertained when a regular civil suit involving the same parties and subject matter is pending before a subordinate court

Subjects

  • writ petition
  • civil suit
  • jurisdiction
  • high court
  • disposal

Judgment

2026:BHC-AUG:9916
                                                    1                         7 WP 8319-2018.odt




                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      BENCH AT AURANGABAD

                                  7 WRIT PETITION NO. 8319 OF 2018

                             KASHIBAI RAMBHAU NALAWADE AND OTHERS
                                             VERSUS
                              THE STATE OF MAHARASHTRA AND OTHERS

                                                …
             Mr. Umesh A. Bhadgaonkar – Advocate for Petitioners
             Mr. B.A. Shinde – AGP for Respondent Nos.1 to 4, State
             Mr. P.M. Nagargoje – Advocate for Respondent Nos.6 and 7
                                                …

                                     CORAM         : SIDDHESHWAR S. THOMBRE, J.
                                     DATE          : 04.03.2026

             PER COURT :
             1.       Learned Counsel for the petitioners submits that Regular Civil Suit

             No.199 of 2014 is pending before the learned Joint Civil Judge, Junior

             Division, Paithan.


             2.       In view thereof, the petition stands disposed of. Pending Civil

             Applications, if any, also stand disposed of.


             3.       It is made clear that the learned Joint Civil Judge, Junior Division,

             Paithan, shall decide Regular Civil Suit No.199 of 2014 on its own merits

             and in accordance with law.



                                                        [ SIDDHESHWAR S. THOMBRE ]
                                                                  JUDGE
             Pooja Kale/


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