Bombay High Court

ISHWARA DATTU HAJARE AND ANRversusANANDA ISHWAR HAJARE AND ORS

Disposal: Disposed Off

Holding

The writ petition was dismissed as infructuous because the underlying civil suit had been finally decided.

Summary

The petitioners sought relief through a writ petition, but the court noted that the related civil suit R.C.S. No. 83 of 2008 had already been finally decided by the trial court. Consequently, there was no remaining issue for the writ petition to address. The court therefore dismissed the writ petition as infructuous and also disposed of any pending applications. No substantive merits of the petition were examined.

Issues considered

Whether the writ petition remains maintainable after the substantive civil suit (R.C.S. No. 83 of 2008) has been finally decided

Subjects

writ petition
infructuous
final decree
civil appellate jurisdiction

Judgment

                 1                           37-WP-5798-2014 (C) (copy)

         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                  CIRCUIT BENCH AT KOLHAPUR
                 CIVIL APPELLATE JURISDICTION

                 WRIT PETITION NO. 5798 OF 2014

Ishwara Dattu Hajare & Anr.                         …...Petitioners
     Vs.
Ananda Ishwar Hajare & Ors.                         …...Respondent

                           …..
Mr. Kuldeep Nikam with Ms. Tejshri Kanase, Advocate for the
Petitioners.
                           …..

                          CORAM :      SHAILESH P. BRAHME, J.
                            DATE :     24TH SEPTEMBER, 2026.

ORDER :

.     Learned counsel appearing for the Petitioner submits that

R.C.S. No. 83 of 2008 has been finally decided by the learned Trial

Court and, therefore, nothing further survives for consideration in

the present Petition. The Writ Petition is disposed of as infructuous.

2.    Pending application(s), if any, also stand disposed of.



                                       [ SHAILESH P. BRAHME J. ]


Suresh

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