Bombay High Court
KUNDLIK KRUSHNA GHOBALE AND ANOTHERversusMINAKSHI NANDKISHOR KALE
- Disposal
- DISPOSED OFF
Holding
The writ petition is dismissed as infructuous because the underlying civil suit has been disposed of.
Summary
The petitioners, Kundlik Krushna Ghobale and another, filed Writ Petition No. 13296 of 2019 in the Bombay High Court, Aurangabad Bench, challenging actions of the respondent Minakshi Nandkishor Kale. The petitioners argued that the regular civil suit No. 165 of 2015, which was the subject of the writ, had already been disposed of. The learned counsel contended that because the civil suit was concluded, the writ petition no longer had any operative purpose. The Court examined whether a writ petition remains maintainable after the underlying civil suit is finally decided. Finding that the civil suit’s disposal rendered the writ petition moot, the Court held the petition to be infructuous and ordered its disposal. Consequently, the petition was dismissed without further hearing.
Issues considered
- What is the effect on a writ petition when the underlying civil suit is disposed of?
Subjects
- writ petition
- infructuous
- civil suit disposal
- jurisdiction
- High Court
Judgment
2026:BHC-AUG:1355
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
981 WRIT PETITION NO. 13296 OF 2019
KUNDLIK KRUSHNA GHOBALE AND ANOTHER
VERSUS
MINAKSHI NANDKISHOR KALE
...
Advocate for petitioners : Mr. M.L. Dharashive
...
CORAM : SIDDHESHWAR S. THOMBRE, J.
DATE : 13 JANUARY 2026
PER COURT :
Learned counsel for the petitioners submits that Regular
Civil Suit No. 165 of 2015 itself was disposed of and, therefore, present
petition has become infructuous.
2. Writ petition is disposed of as infructuous.
[ SIDDHESHWAR S. THOMBRE ]
JUDGE
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