Bombay High Court

MALOJI SHAHAJIRAO PATIL AND OTHERSversusNIRMALABAI SHIVAJI PATIL AND OTHERS

Disposal: DISPOSED OFF
Bench: ABHAY S WAGHWASE

Holding

The petition was disposed of as infructuous because the dispute was settled and no cause of action remained.

Summary

Petitioners Maloji Shahajirao Patil and others filed a writ petition against Nirmalabai Shivaji Patil and others. The petition was heard before Justice Abhay S. Waghwase. Counsel for the respondents, who were present in court, informed the bench that the underlying dispute had been settled and there was nothing left to adjudicate. The petitioner’s counsel appeared via video conference. Relying on the respondents' statement that the matter was resolved, the court found no cause of action remaining. Consequently, the court disposed of the petition as infructuous, effectively terminating the proceedings.

Issues considered

What is the appropriate disposition of a writ petition when the parties claim the dispute has been resolved and no cause of action remains?

Subjects

writ petition
infructuous
dispute resolution
civil procedure
court disposal

Judgment

             IN THE JUDICATURE OF HIGH COURT AT BOMBAY
                        BENCH AT AURANGABAD

                   946 WRIT PETITION NO. 8180 OF 2014

                 MALOJI SHAHAJIRAO PATIL AND OTHERS
                                    VERSUS
                 NIRMALABAI SHIVAJI PATIL AND OTHERS
                                      ...
Advocate for the Petitioners : Mr. Shambhuraje V. Deshmukh (through VC)
Advocate for Respondent no.1 : Mr. Vijay B. Jogdand
                                      ….

                                      CORAM : ABHAY S. WAGHWASE, J.
                                        Dated : January 13, 2026
PER COURT :-


1.    Learned counsel for petitioners is appearing through Video Conference.


2.    Learned counsel for respondent no.1, who is present in the Court,
makes a statement that dispute has been resolved and nothing survives in
this petition. Therefore, he urges to disposed of this petition as infructuous.


3.    In view of above, petition is disposed of as infructuous.




                                                 ( ABHAY S. WAGHWASE, J. )




SPT

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