Bombay High Court

GUNWANT BAPURAO INDRALE THROUGH LRS PARVATIBAI GUNWANT INDRALE AND OTHERSversusGAMPU BAPURAO INDRALE AND OTHERS

Disposal: DISPOSED OFF
Bench: SIDDHESHWAR SUNDARRAO THOMBRE

Holding

The writ petition is infructuous and is disposed of.

Summary

The petitioners filed a writ petition in the Bombay High Court, Aurangabad Bench, seeking relief against the respondents. While the petition was pending, the substantive civil suit (Regular Civil Suit No. 4 of 2017) between the same parties was finally disposed. The court observed that with the disposal of the civil suit, there was no remaining cause of action or issue for the writ petition to address. Consequently, the writ petition was deemed infructuous. The court therefore disposed of the petition without further hearing.

Issues considered

Whether a writ petition remains maintainable when the underlying civil suit between the same parties has been disposed?

Subjects

writ petition
infructuous petition
civil suit disposal
jurisdiction
petition dismissed

Judgment

2026:BHC-AUG:582
                                                   1                         951 WP 2581-2020.odt




                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      BENCH AT AURANGABAD

                                 951 WRIT PETITION NO. 2581 OF 2020

                     GUNWANT BAPURAO INDRALE THROUGH L.RS. PARVATIBAI
                              GUNWANT INDRALE AND OTHERS
                                        VERSUS
                           GAMPU BAPURAO INDRALE AND OTHERS

                                                 …
             Mr. J.S. Ghogare h/f. Mr. V.D. Gunale – Advocate for Petitioners
             Mr. A.D. Wange – AGP for Respondent No.8, State
                                                 …

                                      CORAM            : SIDDHESHWAR S. THOMBRE, J.
                                      DATE             : 08.01.2026

             PER COURT :
             1.       During the pendency of the present petition, Regular Civil Suit

             No.4 of 2017 has already been disposed of, therefore, nothing survives

             for consideration in the present petition.


             2.       In view thereof, the Writ Petition is disposed of as infructuous.



                                                          [ SIDDHESHWAR S. THOMBRE ]
                                                                    JUDGE


             Pooja Kale/

Continue reading with your account

Checking your session…