Bombay High Court

SURENDRAPRASAD SURYANARAYAN PANDEversusSHRI. MADHU HIMMAT SINGH

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

Holding

Since the suit pending before the trial court was disposed, the writ petition became infructuous and was dismissed.

Summary

The petitioner filed a writ petition challenging an interim order of the trial court. While the petition was pending, the underlying suit before the trial court was disposed on 11 July 2024. The respondent argued that the disposal of the suit rendered the writ petition infructuous. The court examined whether the petition could continue after the suit’s final resolution. Finding that the relief sought could no longer be granted, 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
Appeal
Dismissal

Judgment

KVM
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35 - WP 4143 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
13:05:32
+0530

WRIT PETITION NO. 4143/2019

SURENDRAPRASAD SURYANARAYAN PANDE ….. PETITIONER

SHRI. MADHU HIMMAT SINGH ….. 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 11 July, 2024. Therefore, the writ petition has become

infructuous.

3) Writ petition is disposed of as infructuous.

[RAJESH S. PATIL, J.]

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