Bombay High Court

MAHADEV NARHARI BHONDAVE AND ANRversusTHE STATE OF MAH AND ORS

Disposal: DISPOSED OFF

Holding

The writ petition is infructuous and is disposed of because the underlying suit has been withdrawn.

Summary

The petitioners, Mahadev Narhari Bhondave and others, filed a writ petition challenging an order dated 17 July 2026 passed by the Civil Judge Junior Division, Washi. The petition was presented before the High Court, Aurangabad Bench, with counsel Mr. V. S. Undre appearing for the petitioners and Mr. R. B. Dhaware representing the State. During the proceedings, it emerged that the underlying civil suit had been withdrawn by the parties. Consequently, the court observed that no substantive relief could be granted as the cause of action no longer existed. The High Court therefore held the writ petition to be infructuous and disposed of it. No further directions or orders were issued.

Issues considered

Whether a writ petition remains maintainable when the underlying civil suit has been withdrawn

Subjects

writ petition
withdrawal of suit
infructuous
civil procedure
High Court of Bombay

Judgment

2026:BHC-AUG:44057



                                                                    43 WP3307.2013
                                               -1-

                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD

                                43 WRIT PETITION NO. 3307 OF 2013

                        MAHADEV NARHARI BHONDAVE AND ANR
                                            VERSUS
                               THE STATE OF MAH AND ORS
                                               ...
              Advocate for the Petitioner : Mr. Vikram S Undre
              AGP for Respondent/State: Mr. R. B. Dhaware
                                               ...


                                            CORAM : SACHIN S. DESHMUKH, J.
                                              Date : 24.09.2026

              PER COURT :-

              1.           Mr. V. S. Undre, learned counsel for the Petitioner has

              tendered across the bar a copy of order dated 17.07.2026,

              rendered by the learned Civil Judge Junior Division, Washi. The

              same is taken on record and marked “X” for the purpose of

              identification.


              2.           In view of the withdrawal of the suit, nothing survives

              in the present Petition. Accordingly, the Writ Petition stands

              disposed of as infructuous.




                                                     (SACHIN S. DESHMUKH, J.)
              marathe

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