Created by Fuzzy Cloud

Bombay High Court

SURENDRAPRASAD SURYANARAYAN PANDEversusSHANTIDEVI MRUTUNJAY MISHRA

Decided
Disposal
Disposed Off

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.]


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.