Bombay High Court

NIVRUTTI EKNATH MALI, L.RS. SITABAI AND OTHERSversusMAHADEO NAMDEO MALI, L.RS. SHANTABAI AND OTHERS

Disposal: DISPOSED OFF
Bench: SACHIN S DESHMUKH

Holding

The writ petition is infructuous and is disposed of because the dismissal of the suit leaves no surviving cause of action.

Summary

The petitioners filed a writ petition challenging a lower court order. The petitioners' counsel argued that the underlying suit had been dismissed, leaving no operative relief to be sought. The court examined whether the writ petition remained maintainable after the dismissal of the suit. Finding that the suit's dismissal extinguished the cause of action, the court held that the writ petition was infructuous. Consequently, the court disposed of the writ petition without further hearing.

Issues considered

Whether a writ petition remains maintainable when the underlying suit has been dismissed

Subjects

writ petition
infructuous
dismissal of suit
civil procedure

Judgment

2026:BHC-AUG:27680



                                                                  62 WP4310.2015
                                              -1-

                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD

                              62 WRIT PETITION NO. 4310 OF 2015

                  NIVRUTTI EKNATH MALI, L.RS. SITABAI AND OTHERS
                                            VERSUS
                MAHADEO NAMDEO MALI, L.RS. SHANTABAI AND OTHERS
                                               ...
              Advocate for the Petitioner : Mr. P. S. Chavan
              Advocate for Respondent No.2 : Mr. Naiknavare Ramesh V.
                                               ...


                                          CORAM : SACHIN S. DESHMUKH, J.
                                             Date : 10.07.2026

              PER COURT :-

              1.           Mr. P. S. Chavan, learned counsel for the Petitioners

              submits that in view of dismissal of the suit, nothing survives in

              the Petition.


              2.           Accordingly, the Writ Petition stands disposed of as

              infructuous.




                                                    (SACHIN S. DESHMUKH, J.)

              marathe

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