Bombay High Court

KALAWATI SATLING MAHTREversusANANT RAMESH SAKHARE AND OTHERS

Disposal: DISPOSED OFF
Bench: SACHIN S DESHMUKH

Holding

A writ petition does not survive the final disposal of the appeal it challenges and must be dismissed as infructuous.

Summary

The petitioner filed a writ petition challenging an order of the Principal District Judge in a civil appeal (Regular Civil Appeal No.197 of 2014). The petition sought to raise an exception to that order. However, the civil appeal was subsequently decided by a judgment dated 08 February 2016, thereby disposing of the matter on the merits. The High Court held that once the underlying appeal is finally disposed, the writ petition has no remaining cause of action and cannot proceed. Consequently, the writ petition was dismissed as infructuous.

Issues considered

Whether a writ petition challenging an order remains maintainable after the underlying appeal has been finally disposed?

Subjects

writ petition
infructuous
civil appeal
jurisdiction
High Court

Judgment

2026:BHC-AUG:34781



                                                                  63 WP11694.2014
                                              -1-

                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD

                             63 WRIT PETITION NO. 11694 OF 2014

                               KALAWATI SATLING MAHTRE
                                       VERSUS
                           ANANT RAMESH SAKHARE AND OTHERS
                                          ...

                                          CORAM : SACHIN S. DESHMUKH, J.
                                             Date : 06.08.2026

              PER COURT :-

              1.           The Petitioner has raised an exception to the order
              passed by the learned Principal District Judge, Osmanabad in
              Regular Civil Appeal No.197 of 2014, dated 05.11.2014, below
              Exhibit-5.


              2.           However, by passage of time, the said Appeal has been
              finally disposed of by the Judgment and Order dated 08.02.2016.


              3.           In view of the disposal of the said Appeal, the Writ
              Petition does not survive and accordingly is hereby disposed of as
              infructuous.




                                                    (SACHIN S. DESHMUKH, J.)

              marathe

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