Bombay High Court

SHIVRAM APPA GOVINDAPPA SAKHARE (DESD) LRS.versusBABULAL GANPAT PAGARE

Decided: 22 June 2026
Disposal: Disposed Off
Bench: M M SATHAYE

Holding

The writ petition is deemed infructuous and is disposed of.

Summary

The petitioners sought a writ directing the respondent to deliver possession of a suit property. The respondent informed the court that vacant possession had already been handed over to the petitioners. The court scheduled a verification on 22 June 2026, but the petitioner's counsel could not contact the parties, indicating a possible settlement. On this basis, the court held the petition to be infructuous and disposed of it, denying any further liberty to move for possession. No further orders were made.

Issues considered

Whether the writ petition becomes infructuous when vacant possession has been delivered and parties appear to have settled.
Whether the court may entertain further applications for possession after the petition is deemed infructuous.

Subjects

vacant possession
infructuous petition
writ petition
property possession
civil appellate jurisdiction

Judgment

                                                      25-WP-2430-2004



          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                  CIVIL APPELLATE JURISDICTION

                     WRIT PETITION NO. 2430 OF 2004


Shivram Appa Govindappa Sakhare (desd) Lrs &               ... Petitioners
Ors.

               Versus
Babulal Ganpat Pagare                                      ...Respondent

                                ****
Mr. P.N. Joshi (through VC) for the Petitioners.
Mr. Anilkumar Patil a/w Mr. Digvijay A. Patil for the Respondent

                                   ****
                              CORAM : M.M. SATHAYE, J.
                               DATE : 22nd JUNE, 2026

P.C. :

1.          Learned counsel for the Respondent has already informed
the Court that Respondent has handed over vacant possession of
the suit property to the Petitioners.
2.          On 15.06.2026 the following order was passed:
            “At the request of learned Counsel for the Petitioners, stand over to
            22.06.2026 to verify whether the suit property is already handed
            over.”
3.          Today, learned counsel for the petitioner submits that for
verifying the position, he tried to contact the Petitioners / their
instructing Advocate, however, there is no response. He submits
that apparently parties seem to have settled the matter.
4.          Considering the aforesaid, it appears that petition has
become infructuous. Therefore writ petition is disposed of as


Navnath Waghmare                                                        1
                                               25-WP-2430-2004



infructuous.
5.          Liberty to move in case possession of suit property is not
received.


                                       (M.M. SATHAYE, J.)




Navnath Waghmare                                                 2

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