Bombay High Court

SMT. SARASWATI AMOLAKCHAND DARDA (SINCE DECD) THRUGH LRS.versusUSHADEVI LAXMAN BADE AND ORS.

Decided: 28 September 2026
Disposal: Disposed Off

Holding

The writ petition is rendered infructuous and is disposed of, while the contentions raised therein are kept open.

Summary

Smt. Saraswati Amolakchand Darda filed a writ petition in the High Court of Bombay, Civil Appellate Jurisdiction, against Ushadevi Laxman Bade and others. The petition sought relief, but counsel for the petitioner submitted that the petition had become infructuous because the main appeal had been disposed of. The Court accepted this submission and ordered the writ petition to be disposed of. However, the Court noted that all contentions raised in the petition would remain open for consideration. The order was pronounced by Justice Sandeep V. Marne on 28 September 2026.

Issues considered

Whether a writ petition becomes infructuous upon disposal of the main appeal and should be dismissed?

Subjects

writ petition
infructuous
civil appellate jurisdiction
petition disposal

Judgment

                          Renuka Thakur                                                 26-WP-6945-2014.docx


                                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                CIVIL APPELLATE JURISDICTION
                                               WRIT PETITION NO. 6945 OF 2014
                          Smt. Saraswati Amolakchand Darda                         ...Petitioner
                          (Since Decd) Thrugh Lrs.
                                               V/s.

                          Ushadevi Laxman Bade and Ors                            ...Respondents
                                                    ________________
                          Mr. R. D. Soni i/b Ram and Co., for the Petitioner.
                          Mr. Sachin Gawade i/b Mr. Avinash Avhad for Respondent No. 1.
                                                          ________________
                                                                   CORAM: SANDEEP V. MARNE, J.
                                                                    DATED: 28 SEPTEMBER 2026.


                          P.C.:


                          1)              Mr. Soni, the learned counsel appearing for the Petitioner,
                          on instructions, submits that the Petition is rendered infructuous on
                          account of disposal of the main Appeal.


                          2)              Writ Petition is accordingly disposed of. All contentions
                          raised in the Petition are however kept open.


                                                                               [SANDEEP V. MARNE, J.]




Signed by: Renuka S Thakur
                                                              Page No.1 of 1
Designation: PA To Honourable Judge                        28 SEPTEMBER 2026
Date: 29/09/2026 18:45:23

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