Bombay High Court
SAKRI TALUKA EDUCATION SOCIETY SAKRI THROUGH SECRETARY G R BHOSALEversusSAYJABAI RAMCHANDRA BHIL AND OTHERS
- Disposal
- DISPOSED OFF
Holding
The writ petition is dismissed as moot because the underlying civil suit remains pending.
Summary
The Sakri Taluka Education Society, through its secretary, filed a writ petition challenging an order dated 23 February 2017 passed by the Civil Judge, Junior Division, Sakri in Regular Civil Suit No.44 of 2016. The petitioner sought relief against that order, alleging it was erroneous. The Court observed that the civil suit is still pending and is slated for arguments, and therefore there is no operative relief to be granted by the writ petition. Consequently, the Court held that nothing survives in the petition and it was disposed of. The trial court was directed to decide the civil suit on its merits without being influenced by the dismissal of the writ petition.
Issues considered
- Whether a writ petition challenging an order of a civil court can be entertained when the substantive suit is still pending for arguments
Subjects
- writ petition
- civil suit
- jurisdiction
- mootness
- disposal
- High Court
Judgment
2026:BHC-AUG:4601
Dilwale 1 61-WP-8782 OF 2017.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
61 WRIT PETITION NO. 8782 OF 2017
Sakri Taluka Education Society Sakri Through Secretary G R Bhosale
VERSUS
Sayjabai Ramchandra Bhil And Others
...
Advocate for the Petitioner : Mr. Swanand Lathkar h/f Mr. Shah Subodh P.
Advocate for Respondent Nos.1 to 4 : Ms. Sneha P. Patil h/f Mr. Pravin S.
Patil
...
CORAM : SIDDHESHWAR S. THOMBRE, J.
DATE : 02.02.2026
PER COURT :
1. Heard the learned counsel for the petitioner.
2. By the present proceedings, the petitioner challenges the order
dated 23.02.2017 passed by the learned Civil Judge, Junior Division,
Sakri below Exhibit-36 in Regular Civil Suit No.44 of 2016.
3. The learned counsel for both sides submit that the suit is now kept
for arguments.
4. In view of the above, nothing survives in the writ petition and the
same stands disposed of.
5. The Trial Court shall decide the suit on its own merits, in
accordance with law, without being influenced by the order of disposal of
the present petition.
[ SIDDHESHWAR S. THOMBRE ]
JUDGE
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