Bombay High Court
PADMANABH SHIVRAM KARMARKARversusYOGESH LAXMAN DODKE AND ANR
- Decided
- Disposal
- Disposed Off
- Bench
- SHIVKUMAR DIGE
Holding
The petition is disposed of as infructuous because the respondents' application for restoration of possession makes the writ petition moot.
Summary
Padmanabh Shivram Karmarkar filed a criminal writ petition alleging that he was denied possession of a suit property. The respondents, Yogesh Laxman Dodke and another, filed an application for restoration of possession, claiming they were dispossessed. The petitioner’s counsel contended that the petitioners were already in possession of the property. The court held that the filing of the restoration application rendered the writ petition moot and therefore infructuous. Accordingly, the petition was disposed of, and the trial court was directed to expedite the pending suit, which has been pending for over ten years.
Issues considered
- Whether the criminal writ petition is maintainable when the respondents have filed an application for restoration of possession
Subjects
- possession
- restoration of possession
- infructuous petition
- civil suit
- criminal writ petition
Judgment
99-WP-3940-2016 (CR).doc
S.S.Kilaje
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO. 3940 OF 2016
Padmanabh Shivram Karmarkar … Petitioner
Versus
Yogesh Laxman Dodke And Anr. … Respondents
_________________________________________________________________
Mr. Ashok B. Tajane, Advocate for the Petitioner.
SONALI
Digitally
signed by
SONALI
SATISH
Mr. S.C.Wakankar, Advocate for Respondents.
SATISH KILAJE
Date:
KILAJE 2026.01.30
10:38:12
+0700 Smt. Ranjana D. Humane, APP for the Respondent-State.
_________________________________________________________________
CORAM : SHIVKUMAR DIGE, J.
DATE : 28th JANUARY, 2026.
P.C. :
1. Heard learned counsel for the petitioner.
2. Learned counsel for the petitioner submits that at present
petitioners are in possession of the suit property. Learned counsel for the
respondent submits that the respondents have filed application for
restoration of possession as petitioners are in possession of the suit
property, the challenge in this petition has become infructuous. The
Petition is disposed of.
3. The Trial Court is requested to dispose of the pending suit as
early as possible as it is more than 10 years old.
(SHIVKUMAR DIGE, J.)
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