Bombay High Court

Sayali Mahesh ParasharversusMahesh Rajesh Parashar

Disposal: DISPOSED OFF

Holding

The transfer application is infructuous and is therefore disposed of.

Summary

In Misc. Civil Application No.100 of 2026, the petitioner, Sayali Mahesh Parashar, sought transfer of a marriage petition (HMP No.147 of 2025) to another court. The respondent, Mahesh Rajesh Parashar, informed the court that the marriage petition had been withdrawn, rendering the transfer request moot. The learned counsel for the respondent asserted that the application had become infructuous. The bench, after accepting this statement, held that there was no longer any cause for transfer. Consequently, the application for transfer was disposed of as infructuous.

Issues considered

Whether a transfer application remains viable when the underlying marriage petition is withdrawn

Subjects

transfer of suit
marriage petition
withdrawal
infructuous application

Judgment

                                                   1                       25.mca.100.2026.odt

               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    AURANGABAD BENCH : AURANGABAD
                 MISC. CIVIL APPLICATION NO.100 OF 2026
                     Sayali Mahesh Parashar .Vs. Mahesh Rajesh Parashar
Office Notes, Office Memoranda of              Court's or Judge's Order
Coram, appearances, Court's Orders
or directions and Registrar's order
                          Mr. C.P. Patil, Advocate for applicant.
                          Mr. N.D. Sonavane, Advocate for non-applicant.


                          CORAM : ROHIT W. JOSHI, J.
                          DATE : 15/09/2026


                                         The learned counsel for the non-applicant
                          states that the present application filed for transfer of HMP
                          No.147 of 2025 has became infructuous, since the said
                          marriage petition is withdrawn by the non-applicant.
                          Accepting the statement made, transfer application is
                          disposed of as infructuous.


                                                                 (ROHIT W. JOSHI, J.)




      Gavade

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