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Bombay High Court

PRAVIN DNYANESHWAR SHEJWALEversusSAVITA PRAVIN SHEJWALE

Disposal
DISPOSED OFF

Holding

The writ petition is dismissed as infructuous because the main proceeding from which it arose has been dismissed.

Summary

The petitioner, Pravin Dnyaneswar Shejwale, filed a writ petition (4 WR 5625 of 2023) before the Bombay High Court, Aurangabad Bench. The respondent, Savita Pravin Shejwale, contended that the main proceeding from which the writ arose had already been dismissed, a fact not disputed by the petitioner’s counsel. The court examined whether any relief could still be granted given the termination of the underlying case. Finding that the primary suit was concluded, the court held that the writ petition was without any remaining issue to adjudicate. Consequently, the petition was dismissed as infructuous.

Issues considered

  • What is the appropriate disposition of a writ petition when the underlying main proceeding has already been dismissed?

Subjects

  • writ petition
  • infructuous
  • dismissal
  • civil procedure
  • high court

Judgment

2026:BHC-AUG:38675-DB



                                                 (1)                        4 WP 5625 OF 2023


                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD

                                4 WRIT PETITION NO. 5625 OF 2023

                                 PRAVIN DNYANESHWAR SHEJWALE
                                               VERSUS
                                     SAVITA PRAVIN SHEJWALE
                                                 ...
           Mr. S. R. Swami i/b. Mr. S. K. Mathpati, Advocate for the Petitioner
           Mr. P. N. Kalani, Advocate for Respondent
                                                 …

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

           PER COURT :-

           .            Mr. P. N. Kalani, learned Advocate for the respondent submits

           that the main proceeding out of which this matter has arisen is already

           dismissed. Mr. S. R. Swami instructed by Mr. S. K. Mathpati, learned Advocate

           for the petitioner does not dispute this statement.


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

           stands dismissed as infructuous.




                                                                 [AJIT B. KADETHANKAR, J.]
           PRW


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