Bombay High Court
THE EXECUTIVE ENGINEER IRRIGATION PROJECT MAJBUTIKARAN DIVISION OSMANABADversusDHENU LALU RATHOD
- Disposal
- Rejected at Admission stage
- Bench
- RAJNISH R VYAS
Holding
The Court held that the application could not survive the disposal of the delay application and was therefore dismissed as infructuous.
Summary
The Executive Engineer of the Irrigation Project, Majbutikarann Division, Osmanabad filed Civil Application No. 6971 of 2022 against Dhenu Lalu Rathod. The applicant sought relief, but a related delay application was pending. The Court first considered the status of the delay application. Upon finding that the delay application had been disposed of, the Court examined whether the present application could continue. It concluded that the disposal of the delay application rendered the present application incapable of surviving. Consequently, the Court disposed of the application as infructuous.
Issues considered
- Whether the application can survive after the disposal of the pending delay application
Subjects
- civil procedure
- delay application
- infructuous
- application disposal
Judgment
2026:BHC-AUG:5778
1 26 CA.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CIVIL APPLICATION NO. 6971 OF 2022
IN FAST/12495/2022
THE EXECUTIVE ENGINEER IRRIGATION PROJECT
MAJBUTIKARANN DIVISION OSMANABAD
VERSUS
DHENU LALU RATHOD
...
Advocate for Applicant : Mr. Mukul Kulkarni
AGP for Respondent/s – State : Mr. V.K. Kotecha
...
CORAM : RAJNISH R. VYAS, J.
DATE : 02ND FEBRUARY, 2026
PER COURT :
In view of the disposal of the delay application, this
application would not survive, hence this application stands disposed of
as infructuous.
( RAJNISH R. VYAS, J. )
SPC
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