Bombay High Court
VASANTI MADHAV PUJARI AND ANRversusSHILA SANJIV PADHYE AND ANR
- Decided
- Disposal
- Disposed Off
- Bench
- SANDEEP V MARNE
Holding
The writ petition is dismissed as infructuous, with the substantive questions kept open for determination in the fresh petition.
Summary
The petitioners filed a writ petition (No. 6530 of 2026) challenging an order dated 1 July 2026, after a revision application (No. 143 of 2026) had been disposed. They subsequently filed a fresh petition, rendering the present petition moot. The Court held that, since the issues were now being pursued in the fresh petition, the present petition was infructuous and therefore disposed, though the substantive questions raised remain open for determination in the new filing. The Court also extended the ad‑interim relief granted on 8 May 2026 for an additional week to enable the petitioners to seek interim relief in the fresh petition. The interim application filed alongside the present petition was also disposed.
Issues considered
- What is the appropriate disposition of a writ petition when a fresh petition covering the same reliefs has been filed?
Subjects
- writ petition
- revision application
- interim relief
- infructuous petition
- procedural law
Judgment
2026:BHC-AS:30782
k 1/2 40 wp 6530.26 as.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.6530 OF 2026
Shila Sanjiv Padhye & Anr. ....Petitioners
V/S
The State of Maharashtra & Ors. ....Respondents
WITH
INTERIM APPLICATION NO.5675 OF 2026
IN
WRIT PETITION NO.6530 OF 2026
Vasanti Madhav Pujari & Anr. ....Applicants
IN THE MATTER BETWEEN
Shila Sanjiv Padhye & Anr. ....Petitioners
V/S
The State of Maharashtra & Ors. ....Respondents
_________
Mr. Aadesh M. Patil for the Petitioners.
Ms. Aloka A. Nadkarni, AGP for Respondent Nos.1 to 3/State.
Mr. Parmeshwar Andil i/b Mr. S.S. Panchpor for Respondent No.5.
__________
CORAM : SANDEEP V. MARNE, J.
DATE : 27 JULY 2026.
P.C.:
1. The learned counsel appearing for Petitioners, on instructions,
submits that Revision Application No.143 of 2026 has been 0nally
disposed of by order dated 1 July 2026. He submits that a fresh Petition
has been 0led challenging the order dated 1 July 2026. In that view of the
matter, nothing survives to be adjudicated in the present Petition. Writ
katkam Page No. 1 of 2
k 2/2 40 wp 6530.26 as.doc
Petition is accordingly disposed of as infructuous. All questions raised
in the Petition are however kept open.
2. In order to enable the Petitioners to press interim reliefs in the
fresh Petition, the ad-interim order granted on 8 May 2026 shall
continue to operate for a period of one week.
3. Interim Application is also disposed of.
(SANDEEP V. MARNE, J.)
katkam
Signed by: Sudarshan R. Katkam Page No. 2 of 2
Designation: PS To Honourable Judge
Date: 28/07/2026 11:19:42
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