Bombay High Court
MADHAV DIGAMBAR SHINDEversusRAMESH KASHINATH DHANURE
- Disposal
- DISPOSED OFF
- Bench
- SACHIN S DESHMUKH
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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