Bombay High Court
SAMARTHA SAHAKARI PATPEDHI LTD THROUGH ITS CHIEF EXECUTIVE OFFICER SACHIN SURESH KULKARNIversusSAROJ VIJAYKUMAR WANI
- Disposal
- DISPOSED OFF
Holding
The writ petition is dismissed as infructuous because the underlying Special Darkhast has been dismissed for default.
Summary
Samartha Sahakari Patpedhi Ltd, through its Chief Executive Officer, filed writ petition No. 10142 of 2015 challenging a Special Darkhast (No. 24/2014) pending before the Civil Judge, Senior Division, Dhule. During the pendency of the petition, the Special Darkhast was dismissed for default by order dated 16 July 2022, a fact confirmed by the petitioner's counsel. The court examined whether any relief remained for the petitioner after the dismissal of the underlying proceeding. Finding that the dismissal left no surviving cause of action, the court held the writ petition to be infructuous. Consequently, the petition was disposed of without any further order.
Issues considered
- What is the appropriate disposition of a writ petition when the underlying civil proceeding has been dismissed for default, rendering the petition infructuous?
Subjects
- writ petition
- infructuous
- default dismissal
- civil procedure
- Special Darkhast
Judgment
2026:BHC-AUG:24931
10142.2015WP
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
934 WRIT PETITION NO. 10142 OF 2015
SAMARTHA SAHAKARI PATPEDHI LTD THROUGH ITS CHIEF
EXECUTIVE OFFICER SACHIN SURESH KULKARNI
VERSUS
SAROJ VIJAYKUMAR WANI
...
Advocate for the Petitioner : Mr. S. V. Wani
Advocate for Respondent : Mr. M.S. Kulkarni
...
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, Special Darkhast
no.24/2014 pending before Civil Judge, Senior Division,
Dhule itself is dismissed for default by order dated
16.07.2022. 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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