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Bombay High Court

DATTATRAYA S/O MADHUKAR KAPALEversusYOGESH S/O DILIPKUMAR JAISWAL

Disposal
DISPOSED OFF

Holding

The revision application is dismissed as infructuous because no operative issue remains.

Summary

The applicant, Dattatraya Kapale, filed a criminal revision seeking relief against the respondent, Yogesh Jaiswal. The trial court had ordered the applicant to deposit a certain amount, which the applicant complied with, and the respondent subsequently withdrew the same amount. The applicant argued that, because the deposit was made and the money returned, there was no longer any subject matter for the revision. The court examined whether any relief could still be granted when the underlying dispute had been fully resolved. Finding that the entire controversy had been extinguished, the court held that the revision application was infructuous. Consequently, the revision was disposed of without further order.

Issues considered

  • What is the appropriate disposition of a revision application when the subject matter has been fully resolved and nothing remains to be adjudicated?

Subjects

  • revision
  • criminal procedure
  • infructuous
  • deposit
  • withdrawal

Judgment

2026:BHC-AUG:37721


                                                                                176.17revn
                                                    (1)

                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD

                       958 CRIMINAL REVISION APPLICATION NO. 176 OF 2017

                              DATTATRAYA S/O MADHUKAR KAPALE
                                           VERSUS
                              YOGESH S/O DILIPKUMAR JAISWAL
                                                   …..
                 Mr Sahil S. Jawale, Advocate h/f Mr R. O. Awasarmol, Advocate for
                 Applicant
                                                  …..

                                            CORAM : SUSHIL M. GHODESWAR, J.

                                              DATE : 19th AUGUST, 2026

                 P. C. :


                 1.          Learned Advocate Mr Jawale holding for Advocate Mr

                 Awasarmol for applicant states that, during the passage of time, the

                 applicant has deposited all the amount directed by the learned Trial

                 Court and respondent has also withdrawn the same. As such, nothing

                 survives in the instant revision application. He, therefore, submits that

                 the appropriate orders may be passed.


                 2.          In view of above, as nothing survives in this revision

                 application, the same is disposed of as infructuous.



                                                      [SUSHIL M. GHODESWAR, J.]
                 sjk


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