Bombay High Court

GAJANAN DEVRAO JADAHV AND ANOTHERversusKADUBAI KAILAS GIRI AND OTHERS

Disposal: DISPOSED OFF

Holding

The writ petition is dismissed as infructuous because the underlying civil suit was withdrawn.

Summary

The petitioners filed a writ petition challenging an order (Exhibit-57) issued by the Joint Civil Judge, Junior Division, Jafrabad in Regular Civil Suit No.15 of 2014. The petitioners contended that the civil suit had been withdrawn on 30 April 2026, rendering the order moot. The Court examined the status of the underlying suit and found that it was indeed withdrawn and disposed of on the said date. Consequently, the Court held that there was no surviving cause of action for the petition. The petition was therefore declared infructuous and disposed of by the Court.

Issues considered

What is the effect of the withdrawal of the underlying civil suit on the pending writ petition?

Subjects

writ petition
infructuous
withdrawal of suit
civil procedure
jurisdiction

Judgment

2026:BHC-AUG:38416

                                                                        1966.2022WP

                                                   1

                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD

                              6 WRIT PETITION NO. 1966 OF 2022
                          GAJANAN DEVRAO JADAHV AND ANOTHER
                                        VERSUS
                             KADUBAI KAILAS GIRI AND OTHERS
                                                  ...
                 Advocate for the Petitioners : Mr. Garud V.B.
                                                    ...
                                       CORAM :          VAISHALI PATIL-JADHAV,J.

                                       DATE       :     24.08.2026

                 P.C. :


                 1.          By way of this petition, the petitioners have
                 challenged the order below Exhibit-57 passed by the Joint
                 Civil Judge, Junior Division, Jafrabad in Regular Civil Suit
                 No.15 of 2014.
                 2.          Learned Advocate for the petitioners submits that
                 Regular Civil Suit No.15/2014 is disposed of as withdrawn
                 on 30.04.2026.
                 3.          In view of the same, nothing survives in this
                 petition and the same stands disposed of as infructuous.




                                                [VAISHALI PATIL-JADHAV]
                                                         JUDGE

                 SGA

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