Bombay High Court

VILAS PRABHAKAR CHAUDHARIversusCHAYA VILAS CHAUDHARI

Disposal: DISPOSED OFF

Holding

The writ petition is infructuous and must be disposed of when the underlying substantive proceedings have been concluded.

Summary

The petitioner, Vilas Prabhakar Chaudhari, filed a writ petition challenging an order dated 20.01.2023 passed by the 2nd Joint Civil Judge in a Hindu Marriage Petition (No.174 of 2019). The High Court noted that the underlying marriage petition had already been disposed of on 08.04.2024, leaving no pending relief. No counsel appeared to represent the petitioner when the matter was called. Consequently, the Court held that the writ petition could not proceed as there was nothing left to adjudicate. The petition was therefore declared infructuous and disposed of.

Issues considered

What is the effect on a writ petition when the substantive suit it challenges has been fully disposed of?

Subjects

writ petition
infructuous
civil procedure
jurisdiction
petition disposal

Judgment

2026:BHC-AUG:39739



                                                                   6-sr904.wp10998.2023


                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD

                              904 WRIT PETITION NO. 10998 OF 2023

                                    Vilas Prabhakar Chaudhari
                                             VERSUS
                                       Chaya Vilas Chaudhar

                                                ----
            None present for petitioner
                                                ----

                                        CORAM :        AJIT B. KADETHANKAR, J.
                                        DATE  :        AUGUST 29, 2026

            ORDER :-

                          Feeling aggrieved by the order dated 20.01.2023 passed by

            learned 2nd Joint Civil Judge, Senior Division, Bhusawal, Dist. Jalgaon

            below application Exh. 14 in Hindu Marriage Petition No.174 of 2019

            the petitioner has filed present Writ Petition.



            2.            The report of the Registry shows that the main proceedings

            i.e. H.M.P. No.174 of 2019 is already disposed of by the concerned

            court on 08.04.2024. In view of the same, nothing survives in this

            petition.



            3.            When the matter was called out nobody appeared to

            represent the petitioner.
                                   2                      6-sr904.wp10998




4.         In view of the above, the Writ Petition stands disposed of

as infructuous.



                            [AJIT B. KADETHANKAR, J.]
                             ………..


KBP

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