Bombay High Court
SURENDRAPRASAD SURYANARAYAN PANDEversusSUBHEDAR S. MISHRA
- Decided
- Disposal
- Disposed Off
- Bench
- RAJESH S PATIL
Holding
A writ petition becomes infructuous and is to be disposed of when the underlying suit has been finally decided.
Summary
The petitioner filed a writ petition challenging an interim order passed by the Trial Court. While the writ petition was pending, the underlying civil suit before the Trial Court was finally disposed on 2 May 2024. The respondent's counsel argued that the disposal of the suit rendered the writ petition moot. The Court examined whether a writ petition remains maintainable after the substantive dispute has been resolved. Finding that the relief sought could no longer be granted, the Court held the petition to be infructuous and ordered its disposal.
Issues considered
- What is the effect on a pending writ petition when the substantive suit underlying the relief sought is disposed?
Subjects
- writ petition
- infructuous
- interim order
- civil procedure
- petition disposal
Judgment
KVM
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35 - WP 4148 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. 4148/2019
SURENDRAPRASAD SURYANARAYAN PANDE ….. PETITIONER
VS
SUBHEDAR S. MISHRA ….. 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.]
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