Bombay High Court
FULCHAND BHANU KUKAR AND ANOTHERversusGAJANAN GANESH SUDHAKARRAO TALEGAONKAR KULKARNI AND OTHERS
- Disposal
- DISPOSED OFF
Holding
The writ petition is infructuous and is disposed of because the regular civil suit has been decided.
Summary
The petitioners filed a writ petition (No. 3785 of 2017) before the Bombay High Court, Aurangabad Bench. During the pendency of the petition, the regular civil suit No. 312 of 2012, which dealt with the same subject matter, was decided on 9 January 2024. The petitioners argued that the decision of the regular suit rendered the writ petition unnecessary. The Court held that the adjudication of the regular suit extinguished the cause of action before the writ petition, making it infructuous. Consequently, the Court disposed of the writ petition as infructuous.
Issues considered
- Whether a writ petition becomes infructuous and must be dismissed when the regular civil suit concerning the same cause of action is decided during its pendency?
Subjects
- writ petition
- infructuous
- regular civil suit
- cause of action
- petition dismissal
Judgment
2026:BHC-AUG:15001
906.WP.3785.2017.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 3785 OF 2017
Fulchand Bhanu Kukar And Another ...Petitioners
Versus
Gajanan Ganesh Sudhakarrao
Talegaonkar Kulkarni and Others ...Respondents
***
Mr. Thoke Dhananjay B., Advocate for the Petitioners.
Mr. Bharaswadkar Raghavendra N. Advocate for Respondent No.6.
***
CORAM : SIDDHESHWAR S. THOMBRE, J.
DATE : APRIL 08, 2026
PER COURT :
1. The learned counsel for the petitioners submits that during
the pendency of this writ petition, the Regular Civil Suit No.312 of
2012 came to be decided on 09th January 2024.
2. In view thereof, the petition has become infructuous and is
accordingly disposed of as infructuous.
( SIDDHESHWAR S. THOMBRE, J. )
Shrikant Malani Page 1 of 1
Checking your session…