Bombay High Court
SURENDRAPRASAD SURYANARAYAN PANDEversusSHANTIDEVI MRUTUNJAY MISHRA
- Decided
- Disposal
- Disposed Off
- Bench
- RAJESH S PATIL
Holding
A writ petition becomes infructuous and must be dismissed when the underlying suit has been finally disposed of.
Summary
The petitioner, Surendraprasad Suryanarayan Pandey, filed a writ petition challenging an interim order passed by the trial court. The respondent, Shantidevi Mrutunjay Mishra, was represented by Advocate A. A. Khan. The respondent argued that the underlying civil suit, which formed the basis of the writ petition, had been finally disposed of by an order dated 2 May 2024. Since the dispute was already resolved, the writ petition no longer had any operative relief to seek. The Court held that the petition had become infructuous and therefore dismissed it.
Issues considered
- What is the appropriate disposition of a writ petition when the substantive suit underlying it has been finally disposed of?
Subjects
- writ petition
- infructuous
- civil suit disposal
- maintainability
- High Court
Judgment
KVM
1/1
35 - WP 4149 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. 4149/2019
SURENDRAPRASAD SURYANARAYAN PANDE ….. PETITIONER
VS
SHANTIDEVI MRUTUNJAY 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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