Bombay High Court

KHAJABI ISHAQ SAYYED AND OTHERSversusKARBHARI SHIVRAJ AKOLKAR AND OTHERS

Disposal: DISPOSED OFF
Bench: SIDDHESHWAR SUNDARRAO THOMBRE

Holding

A writ petition is to be dismissed as infructuous when the subject matter has already been fully disposed.

Summary

Petitioners Khajabi Ishaq Sayyed and others filed a writ petition before the Bombay High Court, Aurangabad Bench, challenging actions of respondents. During the pendency of the petition, the underlying matter, identified as M.A.C.P. No.101 of 2016, was fully disposed by the appropriate authority. The Court observed that with the disposal of the original case, there was no substantive issue remaining for adjudication in the writ petition. Consequently, the Court held that the petition could not proceed as there was nothing left to consider. The writ petition was therefore dismissed as infructuous, and no further orders were made.

Issues considered

What is the appropriate disposition of a writ petition when the underlying matter has already been disposed?

Subjects

writ petition
infructuous
disposal of underlying case
high court

Judgment

2026:BHC-AUG:607
                                                   1                         959 WP 2705-2020.odt




                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      BENCH AT AURANGABAD

                                 959 WRIT PETITION NO. 2705 OF 2020

                                KHAJABI ISHAQ SAYYED AND OTHERS
                                             VERSUS
                              KARBHARI SHIVRAJ AKOLKAR AND OTHERS

                                                …
             Mr. Zia UL Mustafa – Advocate for Petitioners
                                                …

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

             PER COURT :
             1.       During the pendency of the present petition, M.A.C.P. No.101 of

             2016 has already been disposed of and, 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/

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