Bombay High Court

SHAILA PRADEEP SHAHversusANSAR VAZEER BAIG AND OTHERS

Disposal: DISPOSED OFF

Holding

The writ petition was dismissed as infructuous because the civil suit it challenged had already been disposed.

Summary

The petitioner, Shaila Pradeep Shah, filed a writ petition (W.P. No.7175 of 2019) challenging an order dated 25 January 2019 passed by the Joint Civil Judge Senior Division, Sangamner in Regular Civil Suit No.378/2003. The petitioner’s counsel argued that the writ petition had become infructuous because the underlying civil suit was subsequently disposed of by the Civil Judge Senior Division on 11 February 2020. The High Court examined whether any relief could still be granted when the subject civil proceeding was already concluded. Finding that the civil suit’s disposal rendered the relief sought by the writ petition moot, the Court held that there was nothing left to adjudicate. Consequently, the writ petition was dismissed as infructuous and stood disposed.

Issues considered

Whether a writ petition challenging a civil court order remains maintainable after the underlying civil suit has been disposed?

Subjects

writ petition
infructuous
civil suit disposal
jurisdiction
petition dismissed

Judgment

2026:BHC-AUG:38544

                                                                           7175.19WP

                                                1

                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD

                           907 WRIT PETITION NO.7175 OF 2019

                                    SHAILA PRADEEP SHAH
                                             VERSUS
                               ANSAR VAZEER BAIG & OTHERS
                                                 ...
                          Advocate for the Petitioner : Mr.A.N.Nagargoje
                                                 …

                                      CORAM :       VAISHALI PATIL-JADHAV,J.

                                      DATE      :   25.08.2026
                 P.C. :


                 1]          By way of this petition, the petitioner has
                 challenged the order dated 25.01.2019 below Exh.172 passed
                 by the Joint Civil Judge Senior Division, Sangamner in
                 Regular Civil Suit No.378/2003.


                 2]          The learned Advocate for the petitioner submits
                 that the petition has become infructuous as Regular Civil
                 Suit No.378/2003 itself is disposed of by Civil Judge Senior
                 Division, Sangamner on 11.02.2020.


                 3]          In view of the same, nothing survives in the
                 present Writ Petition and the same stands disposed of.




                                               [VAISHALI PATIL-JADHAV]
                                                      JUDGE
                 DDC

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