Bombay High Court

SANDUKHA SUBHANKHA AND OTHERSversusNOORKHA RUSTAMKHA THROUGH GPA NYAMATKHA NOORKHA

Disposal: DISPOSED OFF
Bench: VAISHALI PATIL JADHAV

Holding

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

Summary

The petitioners filed a writ petition (924 WRIT PETITION NO. 6801 of 2015) before the Bombay High Court, Aurangabad Bench, seeking relief related to Regular Civil Suit No.45/2013 pending before the Civil Judge, Junior Division, Bhokardan. The petition alleged that the civil suit was still pending and required the court's intervention. During the pendency of the writ petition, the civil suit was finally decided on 28 June 2023. The learned counsel for the petitioners informed the court of this development. The court held that, with the substantive suit already decided, the writ petition had no surviving cause of action and therefore dismissed it as infructuous.

Issues considered

What is the appropriate disposition of a writ petition when the underlying civil suit on which it is based has already been decided?

Subjects

writ petition
infructuous
civil suit
jurisdiction
petition dismissed

Judgment

2026:BHC-AUG:24878

                                                                         6801.2015WP

                                                1

                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD

                              924 WRIT PETITION NO. 6801 OF 2015
                            SANDUKHA SUBHANKHA AND OTHERS
                                               VERSUS
                       NOORKHA RUSTAMKHA THROUGH GPA NYAMATKHA
                                             NOORKHA
                                                   ...
                          Advocate for the Petitioners : Mr. R.O. Awasarmol
                                             ...
                                       CORAM : VAISHALI PATIL-JADHAV,J.

                                       DATE     :   25.06.2026

                 P.C. :


                 1]           Learned counsel for the petitioners submits that
                 the present proceedings arise out of Regular Civil Suit
                 No.45/2013 pending before the Civil Judge, Junior Division,
                 Bhokardan and that during pendency of the present petition,
                 the suit itself has been decided on 28.06.2023.
                 2]           In view of the same, nothing survives in the
                 petition. The petition is disposed of as infructuous.




                                              [VAISHALI PATIL-JADHAV]
                                                       JUDGE

                 SGA

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