Bombay High Court
GANESH VIRJI RABARI AND ANRversusSHANTARAM K BHUYAL AND ORS
- Decided
- Disposal
- Disposed Off
- Bench
- ARUN R PEDNEKER
Holding
The writ petition is dismissed as moot because the appeal has been taken up by the Sub‑Divisional Officer.
Summary
The petitioners filed a writ petition alleging that their appeal was not being entertained. They claimed that the Sub‑Divisional Officer had subsequently taken up the appeal and passed an order, rendering the petition redundant. The court examined whether any relief could still be granted. It held that no issue remained for adjudication as the appeal was now pending before the Sub‑Divisional Officer. Consequently, the writ petition was disposed of, with liberty to approach appropriate remedies. The order was pronounced by Justice Arun R. Pedneker on 31 July 2026.
Issues considered
- Whether the writ petition remains maintainable after the Sub‑Divisional Officer has taken up the appeal?
Subjects
- writ petition
- appeal
- mootness
- civil appellate jurisdiction
- sub‑divisional officer
Judgment
Gitalaxmi 903-WP-9719-2026.docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 9719 OF 2026
MR. GANESH VIRJI RABARI AND OTHERS ...PETITIONERS
Versus
SHRI. SHANTARAM K. BHUYAL AND OTHERS ...RESPONDENTS
Mr. A. R. Gole, Advocate for the Petitioners.
Mr. A. Y. Sakhare, Senior Advocate a/w Mr. Prabhakar M.
Jadhav & Mr. Veerdhaval P. Kakade, Advocates for
Respondent Nos. 1 to 3.
Mr. Y. D. Patil, AGP for the State-Respondent.
CORAM : ARUN R. PEDNEKER, J.
DATE : 31st JULY, 2026.
Per Court :
1. Heard learned counsel appearing for the parties.
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31st JULY, 2026
Gitalaxmi 903-WP-9719-2026.docx
2. Learned counsel appearing for the Petitioners submits that
this Writ Petition has been moved since the Appeal was not being
entertained. Learned counsel submits that now the Sub-Divisional
Officer has taken up the Appeal and proceeded to pass some order.
3. Considering the same, nothing would survive in the present
Writ Petition. Accordingly, the Writ Petition is disposed of with
liberty to the parties to take such appropriate remedies that may be
available in law.
[ ARUN R. PEDNEKER, J.]
Digitally signed
by GITALAXMI
GITALAXMI KRISHNA
KRISHNA KOTAWADEKAR
KOTAWADEKAR Date:
2026.08.03
19:37:52 +0530
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31st JULY, 2026
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