Bombay High Court

IQBAL BABAR SAYYADversusCLASSIC FIRE WORKS THROUGH ITS PROPRIETOR BADRUDDING AFJAL MUJAWAR AND ANOTHERS

Disposal: DISPOSED OFF

Holding

A writ petition is deemed infructuous while a first appeal concerning the same matter is pending, and the parties may raise their contentions in that appeal.

Summary

Iqbal Babar Sayyad filed a writ petition against Classic Fire Works and its proprietors. The respondents argued that the petition became infructuous because the Insurance Company had filed First Appeal No. 627 of 2024, which was admitted by the Court on 4 August 2025. The petitioner objected to this submission. The Court observed that the first appeal is still pending and therefore the writ petition cannot be entertained at this stage. Consequently, the Court disposed of the writ petition, granting the parties liberty to raise all their contentions in the pending appeal. No merits of the underlying dispute were decided.

Issues considered

Whether the filing and admission of a first appeal pending before the Court renders the writ petition infructuous?
Whether the parties may pursue their contentions in the pending appeal instead of the writ petition?

Subjects

Writ Petition
Appeal
Procedural Law
Jurisdiction
Infructuous Petition

Judgment

2026:BHC-AUG:39696



                                                                    55 WP No.11515.2015
                                                -1-

                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD

                             WRIT PETITION NO. 11515 OF 2015

                                  IQBAL BABAR SAYYAD
                                        VERSUS
               CLASSIC FIRE WORKS THROUGH ITS PROPRIETOR BADRUDDING
                             AFJAL MUJAWAR AND ANOTHERS
                                               ***
              Advocate for the Petitioner : Mr. Anant R. Devakate
              Advocate for Respondent No. 1 : Mr. Sagar Mahale h/f Mr. Shaikh
              Mazhar A. Jahagirdar
              Advocate for Respondent No. 2 : Mr. Suraj R. Bagal
                                               ***

                                CORAM : SACHIN S. DESHMUKH, J.
                                   Date : 31st August, 2026

              PER COURT :-


              1.            The learned counsel for the respondents submits that
              since First Appeal No. 627 of 2024, preferred by the Insurance
              Company, was admitted by this Court vide order dated 04.08.2025,
              the present Writ Petition has rendered infructuous.


              2.            The learned counsel for the petitioner objects to the
              same.


              3.            However, considering the fact that the First Appeal is
              pending, as such, this Writ Petition is disposed of, granting liberty
              to the parties to agitate all contentions in the said pending appeal.



                                                      (SACHIN S. DESHMUKH, J.)

              Omkar Joshi

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