Bombay High Court

BHAUSAHEB TUKARAM KHODADEversusNAMDEO SAKHARAM KHODADE AND OTHERS

Disposal: DISPOSED OFF

Holding

The writ petition is infructuous and must be disposed of when the regular civil suit is finally decided.

Summary

The petitioner, Bhausahab Tukaram Khodade, filed Writ Petition No. 8006 of 2024 before the Bombay High Court, Aurangabad Bench, seeking relief against the respondents. While the petition was pending, the regular civil suit numbered 862 of 2005, which involved the same parties and issues, was finally disposed of by the trial court. The petitioner's counsel argued that the disposal of the civil suit rendered the writ petition unnecessary. The Court examined whether the pendency of a regular suit affects the continuance of a parallel writ petition. It held that the conclusion of the substantive civil suit makes the writ petition infructuous as the relief sought can no longer be granted. Consequently, the Court disposed of the writ petition as infructuous.

Issues considered

What is the effect on a pending writ petition when the substantive civil suit involving the same parties and cause of action is disposed of?

Subjects

writ petition
infructuous
civil suit disposal
jurisdiction
high court

Judgment

2026:BHC-AUG:46093



                                                        1
                                                                       904 WP 8006 OF 2024

                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      BENCH AT AURANGABAD

                                    904 WRIT PETITION NO. 8006 OF 2024

                                   BHAUSAHEB TUKARAM KHODADE
                                             VERSUS
                               NAMDEO SAKHARAM KHODADE AND OTHERS
                                               …

                                              CORAM : AJIT B. KADETHANKAR, J.
                                              DATED : 1st October 2026

                     P.C. :-

                     .         It is revealed from the record of the Registry that during

                     the pendency of this writ petition, Regular Civil Suit No.862 of

                     2005 is disposed of. As such, this petition has become

                     infructuous.

                     2.        The Writ Petition is disposed of as infructuous.



                                                            ( AJIT B. KADETHANKAR, J. )
                     PRW

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