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Bombay High Court

YOGESH SUBHASH ANNADATEversusPUNJABAI BHAGAJI PERE AND ANOTHER

Disposal
DISPOSED OFF

Holding

The writ petition stands disposed as there is nothing left to adjudicate.

Summary

The petition was filed challenging an order dated 10 August 2023 passed by an Adhoc District Judge in Miscellaneous Civil Appeal No. 39 of 2022, which arose from an order in Special Civil Suit No. 17 of 2022. While the writ petition was pending, the trial court disposed of the underlying Special Civil Suit (renumbered as Special Civil Suit No. 239 of 2025). The High Court observed that with the disposal of the substantive suit, there was no longer any operative relief to be granted. Consequently, the Court held that the writ petition was rendered moot. The petition was therefore disposed of.

Issues considered

  • Whether the writ petition remains maintainable after the disposal of the underlying civil suit?

Subjects

  • writ petition
  • civil suit
  • disposal
  • mootness
  • jurisdiction

Judgment

2026:BHC-AUG:46494



                                                          1
                                                                           4-wp-12784-2023

                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      BENCH AT AURANGABAD

                                      WRIT PETITION NO. 12784 OF 2023

                                        Yogesh Subhash Annadate
                                                VERSUS
                                  Punjabai Bhagaji Pere And Another
                                                   ...
                     None for the petitioner.
                     Mr. S. N. Kendre, AGP for Respondent-State
                     Mr. N. K. Chaudhari, Advocate for Respondent no.1
                                                  …..
                                          CORAM : AJIT B. KADETHANKAR, J.
                                              DATED : 05TH OCTOBER, 2026

                     P.C. :-

                     .         None for the petitioner.

                     2.        The Writ Petition arises out of an order dated
                     10.08.2023 passed by learned Adhoc District Judge-2,
                     Vaijapur in Miscellaneous Civil Appeal No.39 of 2022. The
                     Appeal arose out of an order passed by the Trial Court below
                     Exhibit-5 in Special Civil Suit No.17 of 2022. During pendency
                     of the present Writ Petition, it is brought to the notice of this
                     Court that Special Civil Suit No.239 of 2025 (old Special Civil
                     Suit No.17 of 2022) is disposed of by the Trial Court.

                     3.        In view of the above, nothing survives in this Writ
                     Petition. Hence, Writ Petition stands disposed of accordingly.



                                                              ( AJIT B. KADETHANKAR, J. )

                     Rushikesh/2026


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