Bombay High Court

RAJENDRA BASAVESHWAR MALGEversusLAXMAN ATTYAPPA TALBHADARE AND ORS

Disposal: Disposed Off

Holding

The writ petition is infructuous because the related second appeal has already been disposed of.

Summary

Petitioner Rajendra Basaveshwar Malge filed a writ petition challenging the proceedings against him before the High Court of Bombay, Circuit Bench at Kolhapur. The respondents, Laxman Attyappa Talbhadare and others, were parties to the same matter. Both parties' counsel agreed that the related Second Appeal No. 249 of 2015 had already been disposed of. The Court held that, in view of the disposal of the second appeal, the writ petition could no longer be entertained and was therefore infructuous. Consequently, the Court ordered the writ petition to be disposed of as infructuous and directed the trial court to continue with RCS No. 1046 of 2015 on its merits.

Issues considered

Whether the writ petition remains maintainable after the disposal of the related second appeal
Whether the writ petition becomes infructuous in such circumstances

Subjects

writ petition
infructuous
second appeal
civil procedure

Judgment

                                                       72-WP-15732-2022 (c).doc




              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      CIRCUIT BENCH AT KOLHAPUR
                      CIVIL APPELLATE JURISDICTION

                      WRIT PETITION NO. 15732 OF 2022

Rajendra Basaveshwar Malge                                           ...Petitioner
     Versus
Laxman Attyappa Talbhadare And Ors                               ...Respondents

                                 …...
Adv. Nikita Pandey (through V.C.) h/f Adv. Samir A. Kumbhakoni,
Advocate for the Petitioner.
Adv. Suhas S. Inamdar, Advocate for the Respondents.
                                 …..

                                      CORAM : SHAILESH P. BRAHME, J.

                                      DATE     : 30th SEPTEMBER, 2026.

P.C. :

           Both the learned Counsel are ad idem that Second Appeal No.249

of 2015 has been disposed of and, therefore, the present Writ Petition

has become infructuous.

2.         The writ petition is disposed of as become infructuous.

3.         The Trial Court shall proceed with RCS No.1046 of 2015 on its

own merits, in accordance with law.

                                                [ SHAILESH P. BRAHME, J.]




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