Bombay High Court

SURENDRAPRASAD SURYANARAYAN PANDEversusP. LOKNATH SHETTY

Decided: 12 June 2026
Disposal: Disposed Off
Bench: RAJESH S PATIL

Holding

The writ petition was dismissed as infructuous because the underlying suit had been disposed.

Summary

The petitioner filed a writ petition challenging an interim order of the Trial Court. While the petition was pending, the underlying civil suit was finally disposed by an order dated 2 May 2024. The respondent argued that the disposal of the suit rendered the writ petition infructuous. The High Court examined whether a petition that seeks relief against an order that has become moot can continue. Finding that the subject matter of the petition was no longer live, the Court held the petition to be infructuous. Consequently, the writ petition was dismissed.

Issues considered

Whether the writ petition remains maintainable after the disposal of the suit it challenges

Subjects

Writ Petition
Infructuous
Civil Procedure
Interim Order
High Court

Judgment

KVM
1/1
35 - WP 4142 OF 2019.doc

Digitally
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
signed by
KANCHAN
KANCHAN VINOD
VINOD MAYEKAR
MAYEKAR Date:
2026.06.16
CIVIL APPELLATE JURISDICTION
13:05:31
+0530

WRIT PETITION NO. 4142/2019

SURENDRAPRASAD SURYANARAYAN PANDE ….. PETITIONER

P. LOKNATH SHETTY ….. RESPONDENT

None for the Petitioner.

Adv. A. A. Khan for the Respondent.

CORAM : RAJESH S. PATIL, J.

DATE : 12 JUNE, 2026

P.C. :-

1) None appeared for the petitioner.

2) Mr. Khan, learned advocate appearing for the respondent

submits that the present writ petition challenges the interim order

passed by the Trial Court. He submits that in the meanwhile, the suit

pending before the Trial Court has been disposed of by the order

dated 2 May, 2024. Therefore, the writ petition has become

infructuous.

3) Writ petition is disposed of as infructuous.

[RAJESH S. PATIL, J.]

Continue reading with your account

Checking your session…