Bombay High Court

NILABAI ALIAS LILABAI SOPANRAO BHISEversusBABASAHEB BHAGWANRAO JARANGE

Disposal: DISPOSED OFF

Holding

The writ petition was dismissed as infructuous because the civil suit had already been decreed.

Summary

Nilabai (Petitioner) filed a writ petition challenging an order dated 16 June 2023 passed by the Civil Judge Junior Division, Paithan, in Regular Civil Suit No.259 of 2009. The civil suit had been decreed on 10 January 2025. The High Court observed that the decree in the civil suit had already been passed, leaving no relief for the writ petition. Consequently, the court held that the writ petition was infructuous and ordered its disposal. No further directions were issued.

Issues considered

What is the appropriate remedy when a civil suit has already been decreed and a writ petition challenges an interim order?

Subjects

writ petition
civil suit
infructuous
decree
jurisdiction

Judgment

2026:BHC-AUG:38674



                                                (1)                     5 WP 437 OF 2024


                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD

                                5 WRIT PETITION NO. 437 OF 2024

                           NILABAI ALIAS LILABAI SOPANRAO BHISE
                                          VERSUS
                            BABASAHEB BHAGWANRAO JARANGE
                                             ...
           Mr. Vivekanand Manoharrao Maney, Advocate for the Petitioner
                                             …

                                            CORAM     : AJIT B. KADETHANKAR, J.
                                            DATE      : 24.08.2026

           PER COURT :-

           .           The petitioner has challenged an order dated 16.06.2023 passed

           by the learned Civil Judge Junior Division, Paithan below Exhibit-86 in

           Regular Civil Suit No.259 of 2009. From the record, it appears that vide

           judgment and order dated 10.01.2025, the said suit has been decreed.


           2.          In view of this, nothing remains in this writ petition. The same

           stands disposed of as infructuous.




                                                            [AJIT B. KADETHANKAR, J.]
           PRW

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