Bombay High Court

KHALIL BEG HUSAIN BEGversusSHANTABAI PRALHAD SINGH LODHI AND ANOTHER

Disposal: DISPOSED OFF
Bench: VAISHALI PATIL JADHAV

Holding

The writ petition was disposed of as infructuous because the substantive dispute had already been decided in the regular civil appeal.

Summary

The petitioner, Khalil Beg Husain Beg, filed a writ petition (No. 10130 of 2015) in the Bombay High Court, Aurangabad Bench. During the pendency of the petition, the regular civil appeal (No.3/2015) pending before the District Judge‑2, Bhusawal, was decided on 2 January 2019, a fact confirmed by the petitioner’s counsel. Since the substantive matter before the writ petition had already been resolved by the appellate decision, there was nothing left for the High Court to consider. Consequently, the Court held that the writ petition was infructuous. The petition was therefore disposed of without any further order.

Issues considered

The petition remained maintainable after the regular civil appeal was decided?

Subjects

writ petition
infructuous petition
civil appeal
procedural disposal
High Court

Judgment

2026:BHC-AUG:24928

                                                                         10130.2015WP

                                                 1

                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD

                            933 WRIT PETITION NO. 10130 OF 2015
                                  KHALIL BEG HUSAIN BEG
                                             VERSUS
                   SHANTABAI PRALHAD SINGH LODHI AND ANOTHER
                                                 ...
                         Advocate for the Petitioner : Mr. Deshmukh N.E.
                 Advocate for Respondents : Mr. Karan V. Sarosiya h/f Mr. S.S. Bora
                                            ...
                                      CORAM : VAISHALI PATIL-JADHAV,J.

                                      DATE       :   25.06.2026

                 P.C. :


                 1]         The report of Resource Personnel shows that
                 during the pendency of this petition, Regular Civil Appeal
                 No.3/2015 pending before District Judge-2, Bhusawal itself
                 is decided by judgment and order dated 02.01.2019. The said
                 fact is confirmed by learned counsel for the petitioner.
                 2]         In view of the same, nothing survives in the
                 petition. The petition is disposed of as infructuous.




                                               [VAISHALI PATIL-JADHAV]
                                                        JUDGE

                 SGA

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