Bombay High Court

JAMNABAI GANGARAM GITEversusNAMDEO KESHAV MUNDHE AND OTHERS

Disposal: DISPOSED OFF

Holding

A writ petition becomes infructuous and must be dismissed when the substantive civil suit it challenges has been finally disposed.

Summary

The petitioner, Jamnabai Gangaram Gite, filed a writ petition challenging Order Exhibit‑41 passed by the 2nd Joint Civil Judge, Junior Division, Hingoli. The petitioner’s counsel argued that the underlying Regular Civil Suit No. 182/2012 had been fully disposed of by the trial court on 14 June 2023. The High Court examined whether the writ petition could continue in view of the final disposal of the civil suit. It held that with the substantive suit concluded, there was no remaining cause of action for the writ petition. Consequently, the petition was deemed infructuous and was dismissed.

Issues considered

Whether a writ petition challenging an order remains maintainable after the underlying civil suit has been finally disposed

Subjects

writ petition
infructuous
civil suit disposal
jurisdiction
petition dismissed

Judgment

2026:BHC-AUG:38274

                                                                         8044.2020WP

                                                 1

                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD

                              5 WRIT PETITION NO. 8044 OF 2020
                               JAMNABAI GANGARAM GITE
                                       VERSUS
                           NAMDEO KESHAV MUNDHE AND OTHERS
                                                 ...
                 Advocate for Petitioner:Adv. V.A. Babras h/f Mr. Gangakhedkar S.S.
                 Advocate for Respondent nos.1 and 2 : Mr. Aarti T. Gadge h/f
                 Mr.D.M. Shinde
                                                  ...
                                      CORAM :          VAISHALI PATIL-JADHAV,J.

                                      DATE      :      24.08.2026

                 P.C. :


                 1.         By way of this petition, the petitioner has
                 challenged the order below Exhibit-41 passed by the learned
                 2nd Joint Civil Judge, Junior Division, Hingoli.
                 2.         Learned Advocate for the petitioner submits that
                 Regular Civil Suit No.182/2012 is disposed of by the trial
                 Court on 14.06.2023.
                 3.         In view of the same, nothing survives in this
                 petition and the same stands disposed of as infructuous.




                                              [VAISHALI PATIL-JADHAV]
                                                       JUDGE

                 SGA

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