Bombay High Court

RAJENDRA BABURAO DESAI AND OTHERSversusSAVITA LAXMAN LOKHANDE AND ANOTHER

Disposal: DISPOSED OFF
Bench: SIDDHESHWAR SUNDARRAO THOMBRE

Holding

The writ petition is infructuous as the suit has already been decreed and no relief remains.

Summary

The petitioners filed a writ petition seeking relief, but the court noted that the underlying civil suit had already been decreed, leaving no matter for the writ petition to address. The petitioners argued that the decree did not preclude further relief, while the respondent contended that the petition was moot. The court examined whether any relief remained after the decree. Finding that the decree fully resolved the dispute and nothing survived for consideration, the court held the writ petition to be infructuous. Consequently, the petition was disposed of without any order on the merits.

Issues considered

Whether the writ petition remains maintainable after the underlying suit has been decreed

Subjects

writ petition
infructuous
decree
disposal
civil suit

Judgment

2026:BHC-AUG:601
                                                   1                          939 WP 289-2020.odt




                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      BENCH AT AURANGABAD

                                 939 WRIT PETITION NO. 289 OF 2020

                               RAJENDRA BABURAO DESAI AND OTHERS
                                             VERSUS
                              SAVITA LAXMAN LOKHANDE AND ANOTHER

                                                …
             Mr. U.A. Sayyed h/f. Mr. K.N. Shermale – Advocate for Petitioners
                                                …

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

             PER COURT :
             1.       Learned Counsel for the petitioner submits that the suit is already

             decreed 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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