Bombay High Court

BAJIRAO RAGHUNATH VANJARIversusKEVALBAI HIMATRAO PATIL AND OTHERS

Disposal: DISPOSED OFF
Bench: VAISHALI PATIL JADHAV

Holding

The writ petition is infructuous and must be dismissed because the substantive civil suit has been disposed.

Summary

Bajirao Raghunath Vanjari filed writ petition No. 7704 of 2015 in the Bombay High Court, Aurangabad bench, seeking relief against respondents including Kevalbai Himatrao Patil. During the pendency of the petition, the regular civil suit No. 3 of 2005, which was pending before the Civil Judge, Junior Division, Chalisgaon, was finally disposed. The petitioner’s counsel argued that the disposal of the civil suit rendered the writ petition moot. The Court examined whether any relief could still be granted in the writ petition after the substantive suit’s conclusion. Finding that the civil suit’s disposal eliminated the basis of the petition, the Court held the writ petition to be infructuous and ordered its disposal.

Issues considered

Whether the writ petition remains maintainable after the regular civil suit pending in the lower court has been disposed.

Subjects

writ petition
infructuous
civil suit disposal
jurisdiction
petition dismissal

Judgment

2026:BHC-AUG:24882

                                                                              7704.2015WP

                                                     1

                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD

                               928 WRIT PETITION NO. 7704 OF 2015
                                  BAJIRAO RAGHUNATH VANJARI
                                                VERSUS
                            KEVALBAI HIMATRAO PATIL AND OTHERS
                                                    ...
                                Advocate for the Petitioner : Mr. P.B. Patil
                     Advocate for Respondent nos.1, 2, 4, 5 and 8 : Mr. Ujwal S. Patil
                                               ...
                                         CORAM : VAISHALI PATIL-JADHAV,J.

                                         DATE       :    25.06.2026

                 P.C. :


                 1]            Learned counsel for the petitioner submits that
                 during the pendency of this petition, Regular Civil Suit
                 No.3/2005 pending before the Civil Judge, Junior Division,
                 Chalisgaon is disposed of.
                 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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