Created by Fuzzy Cloud

Bombay High Court

GANESH VIRJI RABARI AND ANRversusSHANTARAM K BHUYAL AND ORS

Decided
Disposal
Disposed Off

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.




                                 Page 1 of 2
                               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




                                             Page 2 of 2
                                           31st JULY, 2026


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.