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Bombay High Court

MADHAV DIGAMBAR SHINDEversusRAMESH KASHINATH DHANURE

Disposal
DISPOSED OFF

Holding

The writ petition is dismissed as infructuous because the underlying suit has been disposed.

Summary

The petitioner filed a writ petition challenging a matter that was already pending in a suit. The petitioner’s counsel argued that, since the suit had been disposed, there was nothing left to be adjudicated in the petition. The court examined whether the petition remained maintainable in light of the suit’s disposal. It held that with the disposal of the suit, the petition became infructuous and could not proceed. Consequently, the writ petition was dismissed as infructuous.

Issues considered

  • Whether a writ petition remains maintainable when the underlying suit has been disposed?

Subjects

  • writ petition
  • infructuous
  • disposal of suit
  • jurisdiction

Judgment

2026:BHC-AUG:31118



                                                                   18 WP11828.2015
                                              -1-

                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD

                              18 WRIT PETITION NO. 11828 OF 2015

                                    MADHAV DIGAMBAR SHINDE
                                                 VERSUS
                                  RAMESH KASHINATH DHANURE
                                                    ...
              Advocate for the Petitioner : Mr. Gopal D. Kale
              Advocate for Respondent : Mr. Upendra B. Bilolikar
                                                    ...


                                          CORAM : SACHIN S. DESHMUKH, J.
                                             Date : 27.07.2026

              PER COURT :-

              1.           Mr. G. D. Kale, learned counsel for the Petitioner

              submits that in view of disposal of the suit, nothing survives in

              the Petition.


              2.           Accordingly, the Writ Petition stands disposed of as

              infructuous.




                                                    (SACHIN S. DESHMUKH, J.)

              marathe


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