Bombay High Court

BHAUSAHEB GENUDAS JADHAVversusDAULAT KISAN JADHAV AND OTHERS

Disposal: DISPOSED OFF

Holding

The writ petition is infructuous and is therefore disposed of.

Summary

The petitioner, Bhausaheb Genudas Jadav, filed a writ petition challenging an order dated 07‑09‑2018 passed in Miscellaneous Civil Appeal No. 3 of 2018 by the District Judge‑1, Newasa. The petitioner argued that the underlying Regular Civil Suit No. 781/2017 had already been dismissed with costs on 26‑09‑2019 by the Civil Judge (Senior Division), Newasa. The High Court examined whether any relief could still be claimed in the writ petition after the final disposal of the civil suit. Finding that the civil suit, which formed the factual basis of the petition, was conclusively decided, the Court held that nothing remained for the writ petition to address. Consequently, the petition was declared infructuous and disposed of. The order was pronounced by Justice Vaishali Patil‑Jadhav.

Issues considered

Whether the writ petition remains maintainable after the underlying civil suit has been dismissed with costs.

Subjects

Writ petition
Infructuous petition
Civil suit dismissal
High Court jurisdiction
Miscellaneous Civil Appeal

Judgment

2026:BHC-AUG:38812

                                                                      12367.18WP

                                               1

                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD

                           904 WRIT PETITION NO.12367 OF 2018

                               BHAUSAHEB GENUDAS JADHAV
                                           VERSUS
                             DAULAT KISAN JADHAV & OTHERS
                                              ...
                      Advocate for the Petitioner : Mr.Aniket Pawar h/f.
                                      Mr.N.D.Sonavane
                         AGP for Respondent-State : Mr.S.J.Salgare
                 Advocate for Respondent no.7 : Adv.Gayatri K. Sonawane h/f.
                                       Mr.R.B.Temak
                                              …
                                    CORAM : VAISHALI PATIL-JADHAV,J.

                                     DATE     :    25.08.2026
                 P.C. :


                 1]         By way of this petition, the petitioner has
                 challenged the order dated 07.09.2018 in Misc. Civil Appeal
                 No. 3 of 2018 passed by the District Judge-1, Newasa.

                 2]         Learned Advocate for the petitioner submits that
                 Regular Civil Suit No.781/2017 itself is dismissed with costs
                 on 26.09.2019 by the Civil Judge Senior Division, Newasa.

                 3]         In view of the same, nothing survives in the
                 present Writ Petition and the same stands disposed of as
                 infructuous.


                                              [VAISHALI PATIL-JADHAV]
                                                     JUDGE

                 DDC

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