Bombay High Court

BALASAHEB WAMANRAO SATHEversusRAMABAI KONDIBA DHONDGE AND OTHERS

Disposal: DISPOSED OFF
Bench: SIDDHESHWAR SUNDARRAO THOMBRE

Holding

The petition was held to be infructuous and therefore disposed.

Summary

Balasaheb Wamanrao Sathe filed a writ petition (No. 1388 of 2017) before the Bombay High Court, Aurangabad Bench, seeking relief against Ramabai Kondiba Dhondge and others. Both parties' counsel argued that, because of the passage of time, no cause of action or relevant facts remained, rendering the petition ineffective. The Court examined whether the petition had become infructuous due to the lapse of time. Finding that nothing survived in the petition, the Court concluded that the petition could no longer be entertained. Consequently, the writ petition was disposed of as infructuous.

Issues considered

Whether the writ petition has become infructuous due to the lapse of time?

Subjects

limitation
writ petition
infructuous
procedural law

Judgment

2026:BHC-AUG:9126



                                                                       38 WP No.1388.2017
                                                    -1-

                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       BENCH AT AURANGABAD

                                   WRIT PETITION NO. 1388 OF 2017

                                 BALASAHEB WAMANRAO SATHE
                                              VERSUS
                          RAMABAI KONDIBA DHONDGE AND OTHERS
                                                 ...
              Advocate for the Petitioner : Mr. Mahesh P. Kale
              Advocate for Respondents : Mr. S. J. Salunke
                                                 ...

                                    CORAM : SIDDHESHWAR S. THOMBRE, J.
                                       Date : 4th March, 2026

              PER COURT :-


              1.              The learned counsel for petitioner and respondents submit
              that due to passage of time, nothing survives in the petition.
              Accordingly, the present petition has become infructuous.


              2.              In view of the same, the writ petition stands disposed of as
              infructuous.


                                                          (SIDDHESHWAR S. THOMBRE, J.)



              Omkar Joshi

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