Bombay High Court

BASHIR MOHDDINSAB SHAIKHversusUMAKANT SHIVRAM DANGE

Disposal: DISPOSED OFF
Bench: SIDDHESHWAR SUNDARRAO THOMBRE

Holding

The writ petition is infructuous and must be disposed of because the trial court has already decided the underlying suit.

Summary

The petitioner, Bashir Mohdinsab Shaikh, filed a writ petition before the Bombay High Court, Aurangabad Bench, challenging the respondent, Umakant Shivram Dange. The petitioner sought relief despite the existence of a pending suit. The respondent contended that the trial court had already decided the suit, rendering the writ petition moot. The Court examined whether any issue remained for adjudication in the writ petition. Finding that the trial court's decision exhausted the dispute, the Court held that the petition was infructuous and ordered its disposal.

Issues considered

What is the appropriate disposition of a writ petition when the substantive suit has already been decided by the trial court?

Subjects

writ petition
infructuous
trial court decision
civil procedure
jurisdiction

Judgment

2026:BHC-AUG:6332


                                                1                   50-WP-7397-23.odt


                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                BENCH AT AURANGABAD

                             WRIT PETITION NO. 7397 OF 2023

                               BASHIR MOHDDINSAB SHAIKH
                                         VERSUS
                                 UMAKANT SHIVRAM DANGE
                                            ...
              Mr. Tanvi S. Pujari, h/f Mr. Parag Vijay Barde, Advocate for
              Respondent
                                            ...

                                   CORAM : SIDDHESHWAR S. THOMBRE, J.
                                     Date : 12TH FEBRUARY, 2026

              PER COURT :

              1.          Learned counsel for respondent submits that the Trial

              Court has already decide the suit, hence, nothing survives in the

              present petition.

              2.          Writ petition is, therefore, disposed of as infructuous.



                                             (SIDDHESHWAR S. THOMBRE, J.)




              SVH

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