Bombay High Court

GANGABAI PRALHADRAO JAMBLEversusKISHANRAO DHONDIRAM TAINAK AND OTHERS

Disposal: DISPOSED OFF
Bench: VAISHALI PATIL JADHAV

Holding

The petition is infructuous and must be disposed.

Summary

Gangabai Pralhadrao Jamble filed a writ petition before the Bombay High Court, Aurangabad Bench, challenging certain actions of Kishanrao Dhondiram Tainak and others. While the petition was pending, a related Special Civil Suit No.58 of 2011, pending before the Civil Judge, Senior Division, Gangakhed, was partially decreed on 27 June 2017. The petitioner’s counsel argued that the partial decree resolved the matters raised in the writ petition. The Court examined whether any cause of action remained in the writ petition after the decree. Finding that the decree had effectively disposed of the issues, the Court held the petition to be infructuous. Consequently, the writ petition was disposed of.

Issues considered

Whether the writ petition remains maintainable after the partial decree in the related Special Civil Suit

Subjects

writ petition
infructuous
partial decree
civil suit
disposal

Judgment

2026:BHC-AUG:24880

                                                                         11660.2015WP

                                                 1

                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD

                              935 WRIT PETITION NO. 11660 OF 2015
                               GANGABAI PRALHADRAO JAMBLE
                                               VERSUS
                          KISHANRAO DHONDIRAM TAINAK AND OTHERS
                                                   ...
                              Advocate for the Petitioner : Mr. S.B. Ghute
                                                   ...
                                       CORAM :       VAISHALI PATIL-JADHAV,J.

                                       DATE      :   25.06.2026

                 P.C. :


                 1]            The learned counsel for the petitioner submits
                 that during pendency of this petition, Special Civil Suit
                 No.58/2011 pending before Civil Judge, Senior Division,
                 Gangakhed, Dist. Parbhani is partly decreed by order dated
                 27.06.2017.
                 2]            In view of the same, nothing survives in the
                 petition. The petition is disposed of as infructuous.



                                               [VAISHALI PATIL-JADHAV]
                                                        JUDGE

                 SGA

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