Bombay High Court

RUKMINBAI GOVINDRAO BHATTE AND OTHERSversusGOVINDRAO MADHAVRAO MAHADU BHATTE

Disposal: DISPOSED OFF
Bench: SIDDHESHWAR SUNDARRAO THOMBRE

Holding

The writ petition is infructuous and must be dismissed because the underlying suit has been fully decided.

Summary

The petitioners, Rukminbai Govindrao Bhatte and others, filed a writ petition (No. 3039 of 2017) in the Bombay High Court, Aurangabad Bench, challenging actions of the respondent, Govindrao Madhavrao Mahadu Bhatte. The petition was filed in 2017 but was only heard on 2 February 2026. During the pendency, the underlying civil suit between the parties was fully disposed of. The petitioners argued that, because the suit had been concluded, the writ petition had become infructuous and should be dismissed. The Court examined whether a writ petition remains maintainable after the substantive suit is decided. Finding that the relief sought could no longer be granted, the Court held the petition to be infructuous. Consequently, the petition was dismissed.

Issues considered

Whether a writ petition becomes infructuous and liable to dismissal when the substantive suit on which it is based has been disposed of.

Subjects

writ petition
infructuous
civil suit disposal
High Court
jurisdiction

Judgment

2026:BHC-AUG:4473
              Dilwale                                       1                   38-WP-3039-17.odt




                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     BENCH AT AURANGABAD

                                   38 WRIT PETITION NO. 3039 OF 2017

                           Rukminbai Govindrao Bhatte And Others
                                          VERSUS
                            Govindrao Madhavrao Mahadu Bhatte
                                            ...
             Advocate for the Petitioners :Mr. A. A. Puranik h/f Mr. A. G.
             Godhamgaonkar
                                            ...




                                       CORAM         : SIDDHESHWAR S. THOMBRE, J.
                                       DATE          : 02.02.2026

             PER COURT :
             1.         The learned counsel for the petitioners submits that, due to passage

             of time, the writ petition has become infructuous, as the suit itself has

             already been disposed of.


                                                          [ SIDDHESHWAR S. THOMBRE ]
                                                                    JUDGE

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