Bombay High Court

PUSHPA VISWAS GHOGAREversusSHALINI BHARAT MULE AND ANOTHER

Disposal: DISPOSED OFF

Holding

The writ petition is infructuous and must be disposed of because the underlying civil suit has already been concluded.

Summary

The petitioner, Pushpa Viswas Ghogare, filed a writ petition challenging an order dated 26.10.2023 passed by the learned 3rd Joint Civil Judge, Senior Division, Osmanabad in Regular Civil Suit No.593 of 2012. The challenged order pertained to an application identified as Exh.106. The High Court noted that the civil suit itself had already been disposed of, as confirmed by the official website. No counsel or parties appeared before the Court when the matter was called. Consequently, the Court held that the writ petition had become infructuous and ordered its disposal.

Issues considered

What is the appropriate course of action when a writ petition challenges an order in a civil suit that has already been disposed of?
Can a writ petition proceed in the absence of any party or counsel appearing before the Court?

Subjects

writ petition
civil suit
infructuous petition
court jurisdiction
order disposal

Judgment

2026:BHC-AUG:41978



                                                                   2-sr901.WP.15414.2023


                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                BENCH AT AURANGABAD

                              WRIT PETITION NO. 15414 OF 2023

                                    Pushpa Viswas Ghogare
                                            VERSUS
                                Shalini Bharat Mule And Another

                                                ----
            None present
                                                ----

                                      CORAM :          AJIT B. KADETHANKAR, J.
                                      DATE  :          SEPTEMBER 09, 2026

            ORDER :-

                        The petitioner has impugned the order dated 26.10.2023

            passed by learned 3rd Joint Civil Judge, Senior Division, Osmanabad in

            Regular Civil Suit No.593 of 2012 on application below Exh.106. It is

            reported by the Registry that the suit itself is disposed as could be

            seen from the official website.


            2.          None present for the parties when the matter is called. It

            appears that the Writ Petition has become infructuous.         The same

            stands disposed of as such.



                                                [AJIT B. KADETHANKAR, J.]
                                              ………..
            KBP

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