Bombay High Court

NAMDEO GANPAT MOINversusKACHRU RAJARAM SHELKE AND ANR

Disposal: DISPOSED OFF

Holding

A writ petition becomes infructuous and is to be disposed of when the underlying suit has been dismissed.

Summary

The petitioner, Namdeo Ganpat Moin, filed a writ petition challenging an interim order passed by the trial court. The petitioner argued that the underlying suit had already been dismissed, rendering the writ petition moot. The High Court examined whether the writ petition could continue in view of the dismissal of the suit. The Court held that since the suit was dismissed, the writ petition had become infructuous and could not proceed. Consequently, the petition was disposed of as infructuous, but the Court allowed the petitioner to raise any remaining points in the appropriate forum.

Issues considered

Whether a writ petition remains maintainable when the substantive suit on which it is based has been dismissed

Subjects

writ petition
infructuous
interim order
suit dismissal
jurisdiction

Judgment

                                     1                          32.odt


      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                 BENCH AT AURANGABAD

                WRIT PETITION NO. 13063 OF 2026
                      NAMDEO GANPAT MOIN
                                VERSUS
             KACHRU RAJARAM SHELKE AND ANR
                                     ...
           Advocate for Petitioner : Mr. Sonavane Narendra D.
                                    …

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


PER COURT :

1.           Learned Advocate for the Petitioner submits that he has

challenged the interim order passed by the trial Court. However,

according to him, the suit itself has been dismissed. Therefore, the Writ

Petition has now become infructuous.

2.           The Writ Petition is disposed of as infructuous.

3.           All the points and contentions of the Petitioner are kept open

to be agitated in the appropriate proceedings.



                                     ( MANJUSHA DESHPANDE, J. )




SPC

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