Bombay High Court
HARIRAM BABURAO KANJEversusMANISHA HARIRAM KANJE
- Disposal
- DISPOSED OFF
Holding
A writ petition is dismissed when the underlying dispute has been resolved and no substantive issue remains for the court's consideration.
Summary
The petitioner filed a writ petition challenging a marriage petition. The marriage petition was subsequently disposed, rendering the subject matter of the writ petition infructuous. Counsel for the petitioner argued that with the disposal of the marriage petition, there was nothing left for the court to consider. The court examined whether a writ petition can continue when its underlying dispute has been resolved. Finding that the writ petition no longer had any live issue, the court disposed of the writ petition and the pending application. The decision underscores that a writ petition must have a surviving cause of action to remain maintainable.
Issues considered
- Whether a writ petition remains maintainable when the underlying marriage petition has been disposed and no substantive issue remains.
Subjects
- writ petition
- marriage petition
- infructuous
- subject matter
- disposal
- jurisdiction
Judgment
2026:BHC-AUG:40054
1 67-WP-3416-15.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 3416 OF 2015
WITH CIVIL APPLICATION NO. 7367 OF 2015 IN WP/3416/2015
HARIRAM BABURAO KANJE
VERSUS
MANISHA HARIRAM KANJE
...
Advocate for Petitioner : Mr. Vishal H. Rathod h/f.
Mr. Suhas P. Urgunde
...
CORAM : SACHIN S. DESHMUKH, J.
DATE : 02-09-2026
PER COURT:-
1. Learned counsel for the petitioner, on instructions, submits
that in view of disposal of the marriage petition, the subject matter
of the petition is rendered infructuous and nothing survives in the
matter for consideration. As such, the writ petition is disposed of.
2. Pending application also stands disposed of.
[SACHIN S. DESHMUKH]
JUDGE
rrd
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