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Bombay High Court

SARDAR GURUPREET SINGH GURUNAM SINGH PANDHERversusMEENABAI BHIMJI NAJAN AND ANR

Disposal
DISPOSED OFF

Holding

A writ petition is infructuous and must be dismissed when the underlying suit has been compromised between the parties.

Summary

The petitioner, Sardar Gurupreet Singh Gurunam Singh Pandher, filed writ petition No.13013 of 2026 before the Bombay High Court, Aurangabad bench, challenging certain actions of respondents Meenabai Bhimji Najan and others. The petitioner’s counsel submitted that the underlying civil suit between the parties had been settled by compromise. On that basis, the petitioner sought relief to have the writ petition dismissed as infructuous. The Court examined the submission that the dispute was resolved and that the writ petition no longer had any operative purpose. It held that a writ petition becomes infructuous when the cause of action is extinguished by compromise. Accordingly, the Court disposed of the writ petition as withdrawn.

Issues considered

  • Whether a writ petition becomes infructuous and must be dismissed when the underlying suit is compromised between the parties

Subjects

  • writ petition
  • compromise
  • infructuous
  • civil procedure
  • withdrawal

Judgment

2026:BHC-AUG:44077


                                                 1                       25.odt


                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD

                              WRIT PETITION NO. 13013 OF 2026
                    SARDAR GURUPREET SINGH GURUNAM SINGH PANDHER
                                              VERSUS
                            MEENABAI BHIMJI NAJAN AND ANR
                                                   ...
                         Advocate for Petitioner : Mr. Muthiyan Namit Sunil
                                                  …

                                      CORAM : MANJUSHA DESHPANDE, J.
                                      DATE : 28th SEPTEMBER, 2026


              PER COURT :

              1.           Learned Advocate for the Petitioner submits that the Writ

              Petition has become infructuous as the suit itself has been compromised

              between the parties.

              2.           In view of the aforementioned statement made by the

              learned Advocate for the Petitioner, Writ Petition is disposed of as

              withdrawn.




                                                 ( MANJUSHA DESHPANDE, J. )




              SPC


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