Bombay High Court

SHANTABAI GANGADHARRAO KALASKARversusPRAMODKUMAR PREMSUKH MANTRI

Disposal: DISPOSED OFF

Holding

The writ petition stands disposed as infructuous.

Summary

The petitioner, Shantabai Gangadharrao Kalaskar, filed a writ petition (No. 10238 of 2023) before the Bombay High Court, Aurangabad Bench. During the pendency of the petition, the related Special Civil Suit No. 138 of 2019 was disposed by the 2nd Joint Civil Judge, Senior Division, Aurangabad. The petitioner’s counsel submitted that, with the disposal of the civil suit, there was nothing left to be claimed in the writ petition. The Court accepted this submission and held that the writ petition had become infructuous. Consequently, the Court ordered the petition to stand disposed, noting that any further contentions would be subject to the applicable law. No substantive merits of the petition were examined.

Issues considered

Whether the writ petition remains maintainable after the disposal of the underlying civil suit?

Subjects

writ petition
infructuous
civil suit disposal
jurisdiction
high court

Judgment

2026:BHC-AUG:39764



                                                       1
                                                                        1-wp-10238-2023

                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      BENCH AT AURANGABAD

                                      WRIT PETITION NO. 10238 OF 2023

                                    Shantabai Gangadharrao Kalaskar
                                                 VERSUS
                                      Pramodkumar Premsukh Mantri
                                                     ...
                     Mr. S. V. Dixit, Advocate for the Petitioner
                                                    …..
                                           CORAM : AJIT B. KADETHANKAR, J.
                                             DATED : 31ST AUGUST, 2026

                     P.C. :-

                     .         Learned Advocate Mr. S. V. Dixit, for the petitioner

                     submits that during pendency of the Writ Petition, the Special

                     Civil Suit No.138 of 2019 is disposed of by learned 2 nd Joint

                     Civil Judge, Senior Division, Aurangabad. Hence, nothing

                     survives in this Writ Petition.

                     2.        In view of the above, Writ Petition stands disposed of as

                     infructuous. Needless to mention, all contentions are open for

                     the parties subject to the provisions of law.



                                                           ( AJIT B. KADETHANKAR, J. )

                     Rushikesh/2026

Continue reading with your account

Checking your session…