Created by Fuzzy Cloud

Bombay High Court

SURESH PREMRAJ GANDHIversusRAJLAXMI RAJKUMAR SHARMA

Disposal
DISPOSED OFF

Holding

The petition is infructuous and cannot be entertained because the order has already been executed.

Summary

The petitioner filed a writ petition challenging an order of the lower authority. The respondent submitted a panchanama dated 22-12-2015 indicating that the challenged order had already been implemented. The court examined the panchanama and found that the relief sought by the petitioner could no longer be granted because the subject matter was already exhausted. Consequently, the court held that the petition had become infructuous. The writ petition was therefore disposed of.

Issues considered

  • Whether the writ petition remains maintainable after the order under challenge has been implemented

Subjects

  • writ petition
  • infructuous
  • implementation
  • order execution
  • court disposal

Judgment

2026:BHC-AUG:38171



                                                                 91 WP10657.2015
                                              -1-

                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD

                             91 WRIT PETITION NO. 10657 OF 2015

                               SURESH PREMRAJ GANDHI
                                         VERSUS
                             RAJLAXMI RAJKUMAR SHARMA
                                             ...
              Advocate for Respondent : Mr. S. K. Shinde
                                             ...


                                          CORAM : SACHIN S. DESHMUKH, J.
                                             Date : 24.08.2026

              PER COURT :-

              1.           Mr. S. K. Shinde, learned counsel for the sole

              Respondent has tendered across the bar a panchanama dated

              22.12.2015, which is taken on record and marked “X” for the

              purpose of identification, which indicates that the order under

              challenge is already implemented. As such, learned counsel

              submits that nothing survives in the Petition.


              2.           Accordingly, the Writ Petition stands disposed of as

              infructuous.




                                                    (SACHIN S. DESHMUKH, J.)

              marathe


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.