Bombay High Court
KESHAV JANARDHAN SOLANKEversusVISHWANATH UMAJI SHEP AND ANOTHER
- Disposal
- DISPOSED OFF
- Bench
- ABHAY MANTRI
Holding
The writ petition is dismissed as infructuous because the underlying civil suit was already dismissed in default.
Summary
The petitioner filed a writ petition challenging an earlier civil suit, but failed to appear in court or via video conference. The respondent's counsel submitted the order dismissing the original civil suit (Regular Civil Suit No.128 of 2012) in default dated 16 February 2022. The court took note of this order and held that the writ petition had become infructuous because the substantive suit was already dismissed. Consequently, the court dismissed the writ petition as infructuous. No further arguments or evidence were considered.
Issues considered
- Whether a writ petition remains maintainable when the underlying civil suit has been dismissed in default
- Whether the writ petition is infructuous and should be dismissed
Subjects
- writ petition
- infructuous
- default judgment
- civil suit
- court dismissal
Judgment
2026:BHC-AUG:25473
902.WP.2520.2017.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 2520 OF 2017
Keshav Janardhan Solanke ...Petitioner
Versus
Vishwanath Umaji Shep and Another ...Respondents
***
None for the Petitioner.
Mr. A. G. Deshmukh h/f Mr. M.M. Patil (Beedkar), Advocate for Resp. No.1.
***
CORAM : ABHAY J. MANTRI, J.
DATE : JULY 02, 2026
PER COURT :
1. When the matter is called out, no one appears for the Petitioner
either in the Court hall or through video conferencing mode. Mr. Deshmukh,
learned counsel appearing for Respondent No.1, submitted that the original
suit, being Regular Civil Suit No.128 of 2012, came to be dismissed in
default by order dated 16th February 2022. Therefore, according to him, the
present Writ Petition has become infructuous.
2. The learned counsel for Respondent No.1 tendered across the
bar a copy of the order dated 16th February 2022. The same is taken on
record and marked “X” for identification purposes.
3. In view of the above, the Writ Petition stands dismissed as
infructuous.
(ABHAY J. MANTRI, J.)
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