Bombay High Court

VANDANABAI BHAUSAHEB DESALE AND OTHERSversusBALU NAMDEO PATIL

Disposal: DISPOSED OFF

Holding

The contempt petition stands disposed as infructuous because the underlying civil appeal was dismissed.

Summary

The petitioners, Vandanabai Desale and others, filed a contempt petition (No. 407 of 2013) arising from Writ Petition No. 3900 of 2013 against Balu Namdeo Patil. The petitioners argued that the contempt petition had become infructuous because the related Civil Miscellaneous Appeal No. 19/2013 was dismissed on 3 August 2016. The Court examined whether any relief could still be granted in the contempt proceeding after the dismissal of the underlying appeal. Finding that the dismissal of the appeal eliminated the basis for the contempt claim, the Court held that nothing survived in the contempt petition. Consequently, the Court disposed of the contempt petition as infructuous.

Issues considered

What is the effect on a contempt petition when the underlying civil appeal on which it is based is dismissed?

Subjects

contempt
civil appeal
infructuous
petition disposal
jurisdiction

Judgment

2026:BHC-AUG:38542

                                                                       407.13cp

                                               1

                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD

                          910 CONTEMPT PETITION NO.407 OF 2013
                             IN WRIT PETITION NO.3900 OF 2013

                          VANDANABAI BHAUSAHEB DESALE & OTHERS
                                              VERSUS
                                       BALU NAMDEO PATIL
                                                  ...
                            Advocate for the petitioners : Mr.N.N.Desale
                            AGP for Respondent-State : Mr.G.A.Kulkarni
                                                  ...
                                       CORAM : VAISHALI PATIL-JADHAV,J.

                                     DATE     :    25.08.2026


                 P.C. :


                 1]          The learned Advocate for the petitioners submits

                 that the Contempt Petition has become infructuous as Civil

                 Misc.Appeal No.19/2013 is dismissed on 3rd August, 2016.



                 2]          In view of the same, nothing survives in the

                 present Contempt Petition and the same stands disposed of.



                                              [VAISHALI PATIL-JADHAV]
                                                     JUDGE
                 DDC

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