Bombay High Court

BHAGWAN MARUTI WAKALEversusNAMDEO SAKHARAM ADHAV

Disposal: DISPOSED OFF
Bench: SACHIN S DESHMUKH

Holding

The writ petition is disposed of as infructuous because the underlying suit has been disposed and no relief remains.

Summary

The petitioner, Bhagwan Maruti Wakale, filed a writ petition (906 WR 3890 of 2004) before the Bombay High Court, Aurangabad Bench. The petition sought relief, but the original suit underlying the petition had already been disposed of. Counsel for the petitioner argued that due to the passage of time and the disposal of the original proceedings, there was nothing left for the court to adjudicate. The court examined whether the petition retained any operative relief after the disposal of the suit. It held that the petition was rendered infructuous as no substantive relief could be granted. Consequently, the writ petition was disposed of as infructuous.

Issues considered

What is the appropriate disposition of a writ petition when the underlying suit has been disposed of and the passage of time has rendered the petition ineffective?

Subjects

writ petition
infructuous
disposal of suit
jurisdiction
high court

Judgment

2026:BHC-AUG:24861



                                                                  906 WP3890.2004
                                              -1-

                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                               BENCH AT AURANGABAD

                           906 WRIT PETITION NO. 3890 OF 2004

                              BHAGWAN MARUTI WAKALE
                                          VERSUS
                              NAMDEO SAKHARAM ADHAV
                                              ...
                         Advocate for the Petitioner : Mr. D V Soman
                                              ...



                               CORAM : SACHIN S. DESHMUKH, J.
                                  Date : 25.06.2026

              PER COURT :-

              1.         Learned counsel for the Petitoner submits that in view

              of disposal of the suit / original proceedings, by passage of time,

              nothing survives in the Petition.


              2.         The Writ Petition stands disposed of as infructuous.




                                                    (SACHIN S. DESHMUKH, J.)

              marathe

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