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Bombay High Court

NAMADEO GATAL SHINDE AND ANRversusSAU. VIMAL TULSHIRAM SHINDE AND ORS

Decided
Disposal
Disposed Off

Holding

The writ petition is infructuous and is disposed of because the underlying suit was already disposed.

Summary

The petitioners filed a writ petition in the Bombay High Court challenging a civil suit. The petitioners' counsel submitted that the underlying suit had been disposed of on 9 September 2021, rendering the writ petition moot. The court took note of the order of disposal of the suit. Since the suit was already concluded, the writ petition could no longer be entertained. The court therefore held the petition to be infructuous and ordered its disposal. No substantive merits of the petition were examined.

Issues considered

  • Whether a writ petition remains maintainable after the subject suit has been disposed of?

Subjects

  • writ petition
  • infructuous
  • civil suit disposal
  • Bombay High Court

Judgment

                                                                     25-wp-12714-2019.doc




                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
          varsha
                                       CIVIL APPELLATE JURISDICTION
                                      WRIT PETITION NO. 12714 OF 2019


                     Namadeo Gatal Shinde and Anr                      … Petitioners
                                vs.
                     Sau Vimal Tulshiram Shinde and Ors                … Respondents

                     Mr. Om N. Latpate i/b. Mr. Kuldeep G. Nikam for the Petitioners


        Digitally
                                                    CORAM : GAURI GODSE, J.
        signed by
        VARSHA
VARSHA VIJAY
VIJAY   RAJGURU                                      DATED : 17th JUNE 2026
RAJGURU Date:
        2026.06.18
        16:26:46
        +0530



                     ORDER:

                     1.    Learned counsel for the petitioners submits that the suit has

                     been disposed of on 9th September 2021 rendering this petition

                     infructuous. A copy of the order is taken on record.

                     2.    The writ petition is disposed of as infructuous.



                                                                      (GAURI GODSE, J.)




                                                  Page no. 1 of 1


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