Bombay High Court

DHANRAJ JAYWANTA SURVASE ALIAS DHANGAR AND OTHERSversusDILIP JAYWANTA SURVASE ALIAS DHANGAR AND OTHERS

Disposal: DISPOSED OFF

Holding

The writ petition is held to be infructuous and is disposed of.

Summary

The petitioners, Dhanraj Jaywanta Survase alias Dhangar and others, filed a writ petition against the respondents, Dilip Jaywanta Survase alias Dhangar and others, in the Bombay High Court, Aurangabad Bench. During the pendency of the writ petition, the regular civil appeal No. 8 of 2019, which formed the factual basis of the writ, was disposed of by the District Judge, Omerga. The petitioners argued that the disposal of the appeal rendered the writ petition moot. The Court observed that with the disposal of the underlying civil appeal, there was no surviving cause of action or relief to be granted. Consequently, the Court held the writ petition to be infructuous and ordered its disposal.

Issues considered

What is the effect on a writ petition when the underlying civil appeal on which it is based is disposed of?

Subjects

writ petition
infructuous
civil appeal
jurisdiction
petition disposal

Judgment

2026:BHC-AUG:41597



                                                       1
                                                                   902 WP 15421 OF 2023

                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      BENCH AT AURANGABAD

                                   902 WRIT PETITION NO. 15421 OF 2023

                        DHANRAJ JAYWANTA SURVASE ALIAS DHANGAR AND
                                              OTHERS
                                              VERSUS
                      DILIP JAYWANTA SURVASE ALIAS DHANGAR AND OTHERS
                                                 ...
                     Mr. Yashraj H. Gahenar i/b. Mr. V. D. Gunale, Advocate for
                     the Petitioners
                     Mr. P. K. Deshmukh, learned Advocate for Respondent Nos.1
                     to 9
                                                …..

                                             CORAM : AJIT B. KADETHANKAR, J.
                                             DATED : 8th September 2026

                     P.C. :-

                     .         Mr. Y. H. Gahenar instructed by Mr. V. D. Gunale,

                     learned Advocate for the petitioners submits that during

                     pendency of this writ petition, Regular Civil Appeal No.8 of

                     2019 is disposed of by learned District Judge-1, Omerga,

                     District Osmanabad. As such, nothing survives in this petition.

                     2.        The Writ Petition stands disposed of as infructuous.



                                                           ( AJIT B. KADETHANKAR, J. )
                     PRW

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