Bombay High Court

DAJIBA SHRIPATI DHAMDHERE SINCE DECEASED THRU. LEGAL HEIRversusTHE STATE OF MAHARASHTRA THRU. G.P. AND ORS

Decided: 8 January 2026
Disposal: Disposed Off
Bench: M S KARNIK S M MODAK

Holding

A writ petition becomes infructuous and must be dismissed when the substantive appeal on the same issue has already been decided.

Summary

The petition was filed by the legal heir of the deceased Dajiba Shripati Dhamdhere seeking relief against the State of Maharashtra and others. The petitioner’s counsel argued that the substantive appeal relating to the same matter had already been decided, rendering the writ petition infructuous. The Court examined whether a petition can proceed when the principal appeal is concluded. Finding that the petition no longer had any operative purpose, the Court dismissed it as infructuous. Consequently, the petition was disposed of without further hearing.

Issues considered

Whether a writ petition is maintainable when the substantive appeal concerning the same relief has already been decided

Subjects

writ petition
infructuous petition
appeal decided
civil procedure

Judgment

                                                             9-wp 17561-25.doc

            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    CIVIL APPELLATE JURISDICTION

                      WRIT PETITION NO. 17561 OF 2025

Dajiba Shripati Dhamdhere, Since deceased                   … Petitioner
through Legal Heir
        Versus
The State of Maharashtra & Ors.                             ... Respondents

                          __________________________

Ms. Rashmi Shirke i/b Mr. Sachin Deokar for the Petitioner.
Ms. Reena A. Salunkhe, AGP for the Respondent.
                      __________________________

                                        CORAM       : M. S. KARNIK AND
                                                      S. M. MODAK, JJ.
                                        DATED       : 8th JANUARY, 2026.

P.C. :

1.       Learned counsel for the Petitioner submits that since the Appeal has

already been decided, the Petition rendered infructuous.

2.       The Petition is disposed of.



(S. M. MODAK, J.)                                          (M. S. KARNIK, J.)




 Amk                                                                  1/1

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