Created by Fuzzy Cloud

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.