Bombay High Court

VYANKATRAO GANPAT BEMBADE AND ANOTHERversusVYANKATRAO NARSINGH NAIK AND OTHERS

Disposal: DISPOSED OFF

Holding

The court held that the petition is infructuous due to the lapse of time and therefore disposed of it.

Summary

Petitioners Vyankatrao Ganpat Bembade and another filed a writ petition before the Bombay High Court, Aurangabad Bench, challenging certain actions of the respondents. The petitioners, through counsel, argued that the passage of time had rendered the issues raised in the petition infructuous. The court examined the claim of infructuity due to delay. Finding merit in the petitioners' submission, the court concluded that the matters were indeed no longer capable of relief. Consequently, the writ petition was disposed of as infructuous.

Issues considered

Whether the writ petition is maintainable when the passage of time has rendered the relief sought infructuous

Subjects

writ petition
infructuous
lapse of time
civil procedure
High Court

Judgment

2026:BHC-AUG:38961



                                                                    115 WP No.2294.2014
                                                 -1-

                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD

                               WRIT PETITION NO. 2294 OF 2014

                            VYANKATRAO GANPAT BEMBADE AND ANOTHER
                                           VERSUS
                             VYANKATRAO NARSINGH NAIK AND OTHERS
                                                ***
              Advocate for the Petitioners : Mr. V. D. Gunale
                                                ***

                                  CORAM : SACHIN S. DESHMUKH, J.
                                    Date : 28th August, 2026

              PER COURT :-


              1.             The learned counsel for the petitioners submits that by

              passage of time, the issues involved in the petition have become

              infructuous.



              2.             In view of the above, the writ petition stands disposed

              of as infructuous.



                                                       (SACHIN S. DESHMUKH, J.)



              Omkar Joshi

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