Bombay High Court

BABASAHEB BHAGWANRAO BAGLANEversusDR ASARAM RAOJI NAKALGAONKAR AND ORS

Disposal: DISPOSED OFF
Bench: SANJAY A DESHMUKH

Holding

A civil revision becomes infructuous and must be dismissed when the suit from which it arises has been withdrawn.

Summary

The petitioner filed a civil revision application under the Civil Revision Act arising from Regular Civil Suit No.143 of 2021 pending before the Joint Civil Judge, Senior Division, Beed. The petitioner’s advocate informed the court that the original suit had been withdrawn. The court examined whether the revision could proceed in light of the withdrawal. It concluded that the withdrawal of the suit rendered the revision application infructuous. Accordingly, the court dismissed the revision application and disposed of the matter.

Issues considered

Whether a civil revision is maintainable when the suit from which it arises has been withdrawn

Subjects

Civil Procedure Code
Revision
Withdrawal of suit
Infructuous application

Judgment

                                                907 CRA NO. 95 OF 2022.odt


           IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                      BENCH AT AURANGABAD

                      907 CRA NO. 95 OF 2022

                Babasaheb Bhagwanrao Baglane
                           VERSUS
             Dr Asaram Raoji Nakalgaonkar And Ors
                              ...
Mr. Nagargoje Ankush N., Advocate for the Petitioner
                              ….

                     CORAM : SANJAY A. DESHMUKH, J.
                        DATE : 10.07.2026
PER COURT :-

1.           Learned Advocate for the applicant submits that Regular

Civil Suit No.143 of 2021, pending before the learned Joint Civil

Judge, Senior Division, Beed, from which the present Civil

Revision Application arises, has been disposed of as withdrawn.

2.           In view of the above, the present Civil Revision

Application has become infructuous and is accordingly disposed

of.



                                  [ SANJAY A. DESHMUKH, J. ]




HRJadhav                                                          1 of 1

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