Bombay High Court

SANTOSH DATTATRAYA BHOPALE AND OTHERSversusRUPESH PRAKASHCHAND MUTHA AND OTHERS

Disposal: DISPOSED OFF
Bench: SACHIN S DESHMUKH

Holding

The petition is infructuous and is therefore dismissed.

Summary

The petitioners, Santosh Dattatraya Bhopale and others, filed Writ Petition No. 7708 of 2015 in the Bombay High Court, Aurangabad Bench, against Rupesh Prakashchand Mutha and others. The petition was pending for an extended period, and the petitioners' counsel, Mr. Sanjay S. Dudhane and Mr. Vikram R. Dhorde, submitted that the passage of time had rendered the petition infructuous. The Court considered whether the writ petition remained maintainable after such delay. Relying on the principle that a petition becomes infructuous when the relief sought can no longer be granted due to lapse of time, the Court held that the petition could not be entertained. Consequently, the writ petition was disposed of as infructuous.

Issues considered

Whether the writ petition is maintainable after the lapse of time rendering it infructuous

Subjects

writ petition
infructuous
delay
jurisdiction
high court

Judgment

2026:BHC-AUG:25703



                                                                  903 WP7708.2015
                                              -1-

                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD

                             903 WRIT PETITION NO. 7708 OF 2015

                        SANTOSH DATTATRAYA BHOPALE AND OTHERS
                                           VERSUS
                        RUPESH PRAKASHCHAND MUTHA AND OTHERS
                                               ...
                                 Advocate for the Petitioners :
                        Mr. Sanjay S. Dudhane h/f .Mr. Vikram R. Dhorde
                                               ...


                                          CORAM : SACHIN S. DESHMUKH, J.
                                             Date : 02.07.2026

              PER COURT :-

              1.           Mr. Sanjay S. Dudhane holding for Mr. Vikram R.

              Dhorde, learned counsel for the Petitioners submits that by

              passage of time Petition is rendered infructuous.


              2.           Accordingly, the Writ Petition stands disposed of as

              infructuous.




                                                    (SACHIN S. DESHMUKH, J.)

              marathe

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