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Bombay High Court

PADMANABH SHIVRAM KARMARKARversusYOGESH LAXMAN DODKE AND ANR

Decided
Disposal
Disposed Off

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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