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Bombay High Court

KISAN BABURAO KUMBHARversusPOOJA KISAN KUMBHAR MINOR U/G OF MOTHER VASUMATI KISAN KUMBHAR AND ANOTHER

Disposal
DISPOSED OFF

Holding

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

Summary

Kisan Baburao Kumbhar filed a writ petition challenging a civil suit involving Pooja Kisan Kumbhar, a minor, and another party. The respondents argued that the underlying civil suit had already been disposed of, leaving no operative relief to be granted. The Court examined the submissions and found that there was no pending matter for the petition to address. Consequently, the Court held the writ petition to be infructuous and ordered its disposal. Any pending civil applications, if any, were also dismissed.

Issues considered

  • What is the appropriate disposition of a writ petition when the underlying civil suit has already been disposed of?

Subjects

  • writ petition
  • infructuous
  • disposal
  • civil suit
  • jurisdiction

Judgment

2026:BHC-AUG:9935
                                                   1                         43 WP 12563-2016.odt




                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      BENCH AT AURANGABAD

                                 43 WRIT PETITION NO. 12563 OF 2016

                               KISAN BABURAO KUMBHAR
                                       VERSUS
               POOJA KISAN KUMBHAR MINOR U/G OF MOTHER VASUMATI KISAN
                                KUMBHAR AND ANOTHER

                                                …
             Mr. V.D. Salunke – Advocate for Respondents
                                                …

                                      CORAM            : SIDDHESHWAR S. THOMBRE, J.
                                      DATE             : 09.03.2026

             PER COURT :
             1.       Learned Counsel for the respondents submits that the suit has

             already been disposed of and, therefore, nothing survives for

             consideration in the present petition.


             2.       In view thereof, the Writ Petition stands disposed of as infructuous.


             3.       Pending Civil Applications, if any, also stand disposed of.




                                                          [ SIDDHESHWAR S. THOMBRE ]
                                                                    JUDGE


             Pooja Kale/


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