Bombay High Court

RAMESH UTTAM RATHODversusUDDHAV MANOHAR PATOLE AND ANOTHER

Disposal: DISPOSED OFF
Bench: SACHIN S DESHMUKH

Holding

When the underlying civil suit is dismissed, the subject matter of a pending writ petition becomes infructuous and the petition must be dismissed.

Summary

Ramesh Uttam Rathod filed a writ petition (No. 4306 of 2015) before the Bombay High Court, Aurangabad Bench, challenging actions of Uddev Manohar Patole and another. The petition sought relief concerning a matter that was also the subject of a civil suit. During the pendency of the writ petition, the underlying civil suit was dismissed, rendering the subject matter of the writ petition infructuous. The Court examined whether a writ petition can continue when its underlying dispute no longer exists. Finding that no relief could be granted once the suit was dismissed, the Court held the petition to be infructuous and ordered its disposal. Consequently, the writ petition was disposed of without any further consideration.

Issues considered

Whether a writ petition becomes infructuous and must be dismissed when the underlying civil suit is dismissed

Subjects

writ petition
infructuous
subject matter
dismissal of suit
civil procedure

Judgment

2026:BHC-AUG:30111
                                                  1                    10-WP-4306-15.odt




                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD


                                 WRIT PETITION NO. 4306 OF 2015

                                   RAMESH UTTAM RATHOD
                                         VERSUS
                            UDDHAV MANOHAR PATOLE AND ANOTHER
                                            ...

                                           CORAM :        SACHIN S. DESHMUKH, J.
                                           DATE       :   22-07-2026
                PER COURT:-

                1.    By the passage of time and in view of the dismissal of the

                suit, the subject matter of the petition is rendered infructuous and

                nothing survives in the matter for consideration.

                2.    Accordingly, the writ petition stands disposed of.




                                                  [SACHIN S. DESHMUKH]
                                                          JUDGE

                rrd

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