Bombay High Court

KESHAVRAO DEORAO PATILversusTHE STATE OF MAHARASHTRA THROUGH THE COLLECTOR AURANGABAD

Disposal: DISPOSED OFF

Holding

The application is dismissed as infructuous because the applicant has withdrawn the amount in dispute.

Summary

The applicant, Keshavrao Deorao Patil, filed a civil application before the Bombay High Court, Aurangabad Bench, seeking relief against the State of Maharashtra. During the hearing, counsel for the applicant informed the court that the amount in dispute had already been withdrawn by the applicant. Consequently, the applicant asserted that the purpose of the application was fulfilled and it had become moot. The court considered the submission that there was no longer any controversy or relief to be granted. In view of the withdrawal, the court held that the application could not proceed further. Accordingly, the civil application was disposed of as infructuous.

Issues considered

What is the appropriate disposition of a civil application when the applicant has withdrawn the subject matter of the relief sought?

Subjects

civil procedure
infructuous application
withdrawal of claim
application dismissal
High Court of Bombay

Judgment

2026:BHC-AUG:41312
                                                                          8-CA-9950-2026.odt
                                                  1

                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    BENCH AT AURANGABAD

                        8 CIVIL APPLICATION NO. 9950 OF 2026 IN FA/3062/2008

                                       Keshavrao Deorao Patil
                                              VERSUS
                     The State Of Maharashtra Through The Collector Aurangabad

                                              ……
          Mr. Yuvraj Barhate, Advocate for the Applicant
          Mr. D.R. Korde, AGP for Respondent-State
                                              ……

                                           CORAM : SIDDHESHWAR S. THOMBRE, J.
                                           DATE       : 04 SEPTEMBER, 2026
          PER COURT :

          1.         Learned counsel for the applicant submits that the applicant has

          already withdrawn the amount and, therefore, the present application has

          become infructuous.


          2.         In view of the above submission, the Civil Application stands

          disposed of as infructuous.



                                                      [ SIDDHESHWAR S. THOMBRE ]
                                                                JUDGE
          S P Rane

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