Bombay High Court

SAMARTHA SAHAKARI PATPEDHI LTD THROUGH ITS CHIEF EXECUTIVE OFFICER SACHIN SURESH KULKARNIversusVIJAYKUMAR NARAYANDAS WANI

Disposal: DISPOSED OFF
Bench: VAISHALI PATIL JADHAV

Holding

The writ petition is infructuous and is disposed of because the underlying proceeding has been dismissed for default.

Summary

Samartha Sahakari Patpedhi Ltd, through its CEO, filed writ petition No. 10234 of 2015 challenging a Special Darkhast (no.23/2014) 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 acknowledged by the petitioner's counsel. The court examined whether any relief could still be granted in view of the dismissal of the underlying proceeding. Finding that the dismissal left no surviving cause of action, the court held the petition to be infructuous. Consequently, the writ petition was disposed of without any further order.

Issues considered

What is the effect of the dismissal for default of the underlying Special Darkhast on the maintainability of the writ petition?

Subjects

writ petition
infructuous
default dismissal
civil procedure
special darkhast

Judgment

2026:BHC-AUG:24929

10234.2015WP

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD

934 WRIT PETITION NO. 10234 OF 2015
SAMARTHA SAHAKARI PATPEDHI LTD THROUGH ITS CHIEF
EXECUTIVE OFFICER SACHIN SURESH KULKARNI
VERSUS
VIJAYKUMAR NARAYANDAS 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.23/2014 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

Continue reading with your account

Checking your session…