Bombay High Court

JYOTI SATISH KADAM AND OTHERSversusJYOTI NITIN THOSAR AND OTHERS

Disposal: DISPOSED OFF

Holding

A writ petition is deemed infructuous and must be dismissed when the underlying civil suit is finally disposed, leaving no surviving relief.

Summary

The petitioners Jyoti Satish Kadam and others filed a writ petition (903 WP 15829 of 2023) challenging certain actions of the respondents Jyoti Nitin Thosar and others. During the pendency of the petition, the underlying civil suit (Regular Civil Suit No. 278 of 2021) was finally disposed by the 8th Joint Civil Judge, Senior Division, Ahmednagar. The respondents argued that with the final disposal of the civil suit, there was no longer any relief that could be granted by the writ petition. The Court examined whether the writ petition could continue in view of the final disposal of the substantive suit. Finding that the subject matter of the petition had become moot, the Court held that the writ petition was infructuous and ordered its disposal. Consequently, any accompanying civil applications, if filed, were also dismissed.

Issues considered

Whether a writ petition becomes infructuous and must be dismissed when the substantive civil suit on which it is based is finally disposed?

Subjects

writ petition
infructuous
civil suit disposal
jurisdiction
petition dismissal

Judgment

2026:BHC-AUG:41815


                                                        1
                                                                    903 WP 15829 OF 2023

                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      BENCH AT AURANGABAD

                                   903 WRIT PETITION NO. 15829 OF 2023
                                                  WITH
                                   CIVIL APPLICATION NO. 14063 OF 2025
                                             IN WP/15829/2023

                                 JYOTI SATISH KADAM AND OTHERS
                                               VERSUS
                                  JYOTI NITIN THOSAR AND OTHERS
                                                   ...
                     Mr. P. P. Dhorde, Advocate for the Petitioners
                     Mr. Karan V. Sarosiya h/f. Mr. S. S. Bora, Advocate for
                     Respondent Nos.1 to 3
                                                   …
                                              CORAM : AJIT B. KADETHANKAR, J.
                                              DATED : 8th September 2026

                     P.C. :-

                     .         Mr. Karan V. Sarosiya h/f. Mr. S. S. Bora, learned

                     Advocate for respondent Nos.1 to 3 submits that during the

                     pendency of this writ petition, Regular Civil Suit No.278 of

                     2021 is disposed of finally by the learned 8 th Joint Civil Judge,

                     Senior Division, Ahmednagar. In view of this, nothing survives

                     in this writ petition.

                     2.        The Writ Petition stands disposed of as infructuous.

                     3.        Civil Applications, if any, stand disposed of.



                                                            ( AJIT B. KADETHANKAR, J. )
                     PRW

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