Bombay High Court

SACHIN PANDITRO SHINDEversusTHE COLLECTOR AND OTHERS

Disposal: DISPOSED OFF
Bench: VAISHALI PATIL JADHAV

Holding

The writ petition became infructuous and was disposed of because the underlying suit had been dismissed.

Summary

The petitioner, Sachin Panditro Shinde, filed a writ petition (No. 7233 of 2015) before the Bombay High Court, Aurangabad Bench, seeking relief arising from Civil Suit No. 145/2015 pending before the Civil Judge, Senior Division, Dhule. The petitioner argued that the suit was still pending and that the writ petition was necessary to protect his rights. During the pendency of the writ petition, the civil suit was dismissed for default on 24 October 2018. The court observed that with the dismissal of the underlying suit, there was no longer any substantive relief that could be granted through the writ petition. Consequently, the court held that the writ petition had become infructuous and ordered its disposal. The petition was therefore dismissed as there was nothing left to adjudicate.

Issues considered

What is the effect on a writ petition when the underlying civil suit is dismissed for default?

Subjects

writ petition
default dismissal
infructuous petition
civil suit
high court jurisdiction

Judgment

2026:BHC-AUG:24885

                                                                              7233.2015WP

                                                     1

                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD

                                925 WRIT PETITION NO. 7233 OF 2015
                                      SACHIN PANDITRO SHINDE
                                                   VERSUS
                                    THE COLLECTOR AND OTHERS
                                                       ...
                     Advocate for the Petitioner : Mr. D.R. Jadhavar h/f Mr.Sawant A.S.
                             AGP for Respondent/State : Mr. V.V. Jahagirdar
                                                ...
                                          CORAM : VAISHALI PATIL-JADHAV,J.

                                          DATE       :   25.06.2026

                 P.C. :


                 1]             Learned counsel for the petitioner submits that
                 the present proceedings arise out of Regular Civil Suit
                 No.145/2015 pending before the Civil Judge, Senior Division,
                 Dhule and that during pendency of the present petition, the
                 suit itself has been dismissed for default on 24.10.2018.
                 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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