Bombay High Court

PRAKASH GANPATRAO JOGDANDversusGAUS MAHEMOOD SAYYED AND OTHERS

Disposal: DISPOSED OFF

Holding

The writ petition is dismissed as infructuous because the subject matter has been finally decided in the underlying suit.

Summary

Petitioner Prakash Ganpatrao Jogdand filed a writ petition before the Bombay High Court, Aurangabad Bench, challenging actions of Gaus Mahemood Sayyed and others. While the writ petition was pending, the substantive civil suit that formed the basis of the petition was disposed of by the trial court. The petitioner’s counsel submitted that, in view of the disposal, there was nothing left to be adjudicated in the writ petition. The Court examined whether the petition remained maintainable after the underlying suit’s final resolution. Finding the petition to be moot, the Court held it infructuous and ordered its disposal.

Issues considered

Whether the writ petition remains maintainable after the disposal of the underlying civil suit

Subjects

writ petition
mootness
infructuous
civil suit
High Court

Judgment

2026:BHC-AUG:38934



                                                       1
                                                                        905-wp-253-2024

                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      BENCH AT AURANGABAD

                                      WRIT PETITION NO. 253 OF 2024

                                      Prakash Ganpatrao Jogdand
                                               VERSUS
                                  Gaus Mahemood Sayyed And Others
                                                   ...
                     Mr. A. L. Kanade, Advocate for the Petitioner
                                                  …..
                                         CORAM : AJIT B. KADETHANKAR, J.
                                             DATED : 27TH AUGUST, 2026

                     P.C. :-

                     .         Mr. A. L. Kanade, learned Advocate for the petitioner

                     submits that during pendency of the Writ Petition, the suit

                     itself has been disposed of. Hence, nothing survives in this

                     Writ Petition.

                     2.        In view of the above, Writ Petition stands disposed of as

                     infructuous.



                                                           ( AJIT B. KADETHANKAR, J. )

                     Rushikesh/2026

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