Bombay High Court

ANNASAHEB PUNDALIK PACHPIND AND ANOTHERversusBALASHAHEB KISAN MUTHE AND OTHERS

Disposal: DISPOSED OFF

Holding

The writ petition stands disposed as infructuous because the main civil suit has been disposed.

Summary

The petitioners filed a writ petition seeking relief that arose out of Civil Suit No. 48 of 2021. While the writ petition was pending, the principal civil suit was finally disposed. The Court observed that the relief claimed in the writ petition was wholly dependent on the existence of the pending civil suit. Since that suit has been concluded, no cause of action remains for the writ petition. Accordingly, the Court held the petition to be infructuous and ordered its disposal. The order was pronounced by Justice Ajit B. Kadethankar on 31 August 2026.

Issues considered

Whether the writ petition remains maintainable after the disposal of the main civil suit from which it arose?

Subjects

writ petition
infructuous
civil suit disposal
jurisdiction
High Court

Judgment

2026:BHC-AUG:39766



                                                       1
                                                                        3-wp-12991-2023

                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      BENCH AT AURANGABAD

                                      WRIT PETITION NO. 12991 OF 2023

                               Annasaheb Pundalik Pachpind And Another
                                               VERSUS
                                  Balashaheb Kisan Muthe And Others
                                                   ...
                     Mr. M. S. Karad, Advocate for the Petitioners
                     Mr. S. P. Sonpawale, AGP for Respondent-State
                                                  …..
                                         CORAM : AJIT B. KADETHANKAR, J.
                                             DATED : 31ST AUGUST, 2026

                     P.C. :-

                     .         This Court is apprised that during pendency of this Writ

                     Petition, the main Regular Civil Suit No.48 of 2021, out of

                     which the present proceedings have arisen is disposed of. In

                     view of this, nothing survives in the Writ Petition.

                     Accordingly, Writ Petition stands disposed of as infructuous.



                                                           ( AJIT B. KADETHANKAR, J. )

                     Rushikesh/2026

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