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Bombay High Court

Akshada yogesh sonawaneversusYogesh vijay sonawane

Disposal
DISPOSED OFF

Holding

The application is infructuous and is disposed of accordingly.

Summary

The applicant, Akshada Yogesh Sonawane, filed a miscellaneous civil application seeking relief against the respondent, Yogesh Vijay Sonawane. During the pendency of the application, the respondent withdrew H.M.P. No. 293 of 2023 before the learned Chief Judicial Magistrate at Niphad. The applicant’s counsel highlighted this withdrawal, and the court verified the status report on the official website confirming the withdrawal on 7 November 2025. The court held that the withdrawal rendered the pending application infructuous. Consequently, the court disposed of the miscellaneous civil application as infructuous.

Issues considered

  • Whether the withdrawal of the underlying H.M.P. No. 293 of 2023 by the respondent makes the pending miscellaneous civil application infructuous and therefore non-maintainable?

Subjects

  • withdrawal of suit
  • infructuous application
  • miscellaneous civil application
  • civil procedure
  • court disposition

Judgment

2026:BHC-AUG:18931
                                                                            906-MCA-107-25.odt




                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD

                     MISCELLANEOUS CIVIL APPLICATION NO. 107 OF 2025

          Akshada Yogesh Sonawane                                ..APPLICANT
                VERSUS
          Yogesh Vijay Sonawane                                  ..RESPONDENT

                                                ....
          Mr. R.B. Ade, Advocate h/f Mr. A.R. Rathod, Advocate for applicant
          Mr. G.P. Darandale, Advocate for the Respondent
                                                ....

                                                     CORAM : ABHAY J. MANTRI, J.
                                                     DATE : 28th APRIL, 2026

          PER COURT :

          1.         Learned counsel for the Applicant submitted that during the

          pendency of this Application, the Respondent has withdrawn H.M.P. No. 293

          of 2023 before the learned C.J.S.D., Niphad, and therefore, this Application

          has rendered infructuous. His statement is accepted.


          2.         Similarly, the status report of the said matter is obtained from the

          official website of the Court, which indicates that on 07 th November, 2025,

          the matter was withdrawn by the Respondent.


          3.          In view of the statement made by learned counsel for the

          Applicant as well as the status report, it seems that this Application has

          become infructuous.


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                                                            906-MCA-107-25.odt



4.         Hence, the Miscellaneous Civil Application is disposed of as

infructuous.



                                              ( ABHAY J. MANTRI, J. )
SSD




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