Bombay High Court

SHAIKH BABA SHAIKH GAFOOR AND OTHERSversusSHAIKH NIZAM SHAIKH ISAK AND OTHERS

Disposal: DISPOSED OFF

Holding

The writ petition was held to be infructuous and was disposed of.

Summary

The petitioners filed a writ petition challenging certain orders, but the respondents argued that the regular civil appeal No.25 of 2013 had already been disposed, leaving no surviving issues. The court examined the status of the appeal and found that its disposal rendered the writ petition moot. Consequently, the court held that the petition was infructuous. The petition was therefore dismissed as there was nothing left to adjudicate. No substantive factual or legal disputes remained for the court to consider.

Issues considered

What is the effect of the disposal of a regular civil appeal on a pending writ petition?

Subjects

Writ petition
Infructuous
Regular civil appeal
Dismissal
Jurisdiction

Judgment

2026:BHC-AUG:37599



                                                                 50 WP11675.2014
                                              -1-

                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD

                             50 WRIT PETITION NO. 11675 OF 2014

                        SHAIKH BABA SHAIKH GAFOOR AND OTHERS
                                        VERSUS
                         SHAIKH NIZAM SHAIKH ISAK AND OTHERS
                                           ...
              Advocate for Respondents No.1 to 3 : Mr. Aditya M. Rakh h/f. Mr.
              Girish K. Thigale (Naik)
                                           ...


                                          CORAM : SACHIN S. DESHMUKH, J.
                                             Date : 20.08.2026

              PER COURT :-

              1.           Learned counsel for the Respondents submits that in

              view of disposal of Regular Civil Appeal No.25 of 2013, nothing

              survives in the present Petition.


              2.           As such, the Writ Petition stands disposed of as

              infructuous.



                                                    (SACHIN S. DESHMUKH, J.)

              marathe

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