Bombay High Court

RAMCHANDRA MADHAVRAO MUNDHEversusVIJAYMALA RAOSAHEB UPASE AND OTHERS

Disposal: DISPOSED OFF

Holding

The writ petition is infructuous and is therefore disposed of.

Summary

The petitioner, Ramchandra Madhavrao Mundhe, filed a writ petition before the High Court of Bombay, Aurangabad Bench. During the pendency of this petition, the related regular civil suit (No. 121 of 2022) was disposed of by the 2nd Joint Civil Judge, Junior Division, Mukhed. The petitioner submitted that, with the disposal of the civil suit, there was nothing left to be claimed in the writ petition. The Court examined whether the writ petition could continue in view of the complete resolution of the underlying suit. Finding that no relief remained, the Court held the writ petition to be infructuous and ordered its disposal.

Issues considered

What is the appropriate disposition of a writ petition when the underlying civil suit has been fully disposed and no relief remains?

Subjects

writ petition
infructuous
civil suit disposal
jurisdiction
High Court

Judgment

2026:BHC-AUG:39765



                                                       1
                                                                        2-wp-12848-2023

                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      BENCH AT AURANGABAD

                                      WRIT PETITION NO. 12848 OF 2023

                                   Ramchandra Madhavrao Mundhe
                                              VERSUS
                                Vijaymala Raosaheb Upase And Others
                                                 ...
                     Mr. P. S. Mantri h/f Mr. P. V. Barde, Advocate for the
                     Petitioner
                                                …..
                                        CORAM : AJIT B. KADETHANKAR, J.
                                             DATED : 31ST AUGUST, 2026

                     P.C. :-

                     .         Mr. P. S. Mantri h/f Mr. P. V. Barde, learned Advocate

                     for the petitioner submits that during pendency of the present

                     Writ Petition, the Regular Civil Suit No.121 of 2022 is

                     disposed of by learned 2nd Joint Civil Judge, Junior Division,

                     Mukhed and nothing survives in this Writ Petition.

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

                     infructuous.



                                                           ( AJIT B. KADETHANKAR, J. )

                     Rushikesh/2026

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