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Bombay High Court

BALU RAMAN PATILversusRAMAN AMBAR PATIL AND OTHERS

Disposal
DISPOSED OFF

Holding

The writ petition stands disposed of as infructuous because the underlying civil suit has been disposed of.

Summary

The petitioner, Balu Raman Patil, filed a writ petition (No. 2397 of 2024) before the Bombay High Court, Aurangabad Bench, seeking relief against respondents including Raman Ambar Patil. During the pendency of the petition, the court was informed that the related regular civil suit (No. 74 of 2021) had already been disposed of. The petitioner argued that the disposal of the civil suit might affect the maintainability of the writ petition. The court examined whether any cause of action remained after the civil suit's disposal. Finding that the civil suit was the substantive basis of the petition and that no other relief could be granted, the court held that the writ petition had become infructuous. Consequently, the petition was disposed of as infructuous.

Issues considered

  • What is the effect on a writ petition when the underlying civil suit on which it is based has been disposed of?

Subjects

  • writ petition
  • infructuous
  • civil suit disposal
  • jurisdiction
  • High Court

Judgment

2026:BHC-AUG:39768



                                                       1
                                                                         5-wp-2397-2024

                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      BENCH AT AURANGABAD

                                      WRIT PETITION NO. 2397 OF 2024

                                          Balu Raman Patil
                                              VERSUS
                                    Raman Ambar Patil And Others
                                                 ...
                     Mr. S. A. Deshmukh, Advocate for Respondent no.5
                                                …..
                                         CORAM : AJIT B. KADETHANKAR, J.
                                             DATED : 31ST AUGUST, 2026

                     P.C. :-

                     .         During pendency of the Writ Petition, it is informed that

                     the Regular Civil Suit No.74 of 2021 is already disposed of.

                     Hence, nothing survives in this Writ Petition. Accordingly,

                     Writ Petition stands disposed of as infructuous.



                                                           ( AJIT B. KADETHANKAR, J. )

                     Rushikesh/2026


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