Bombay High Court

SUNIL JUGRAJ MUTHA AND ANOTHERSversusSURESH JUGRAJ MUTHA

Disposal: DISPOSED OFF
Bench: VAISHALI PATIL JADHAV

Holding

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

Summary

The petitioners Sunil Jugraj Mutha and another filed a writ petition in the Bombay High Court, Aurangabad bench, challenging an unspecified matter against respondent Suresh Jugraj Mutha. While the petition was pending, the related Special Civil Suit No. 97/2007, pending before the Civil Judge, Senior Division, Dhule, was decided by a judgment and decree dated 16 June 2016. The decision of the civil suit was confirmed by the counsel appearing for the respondent. The court examined whether any relief could still be claimed in the writ petition after the substantive suit had been finally decided. Finding that the civil suit’s decree resolved the dispute and left nothing surviving in the writ petition, the court held the petition to be infructuous. Consequently, the writ petition was disposed of.

Issues considered

Whether the writ petition remains maintainable after the substantive civil suit concerning the same parties and cause of action has been finally decided

Subjects

writ petition
infructuous
civil suit
jurisdiction
petition disposal

Judgment

2026:BHC-AUG:24924

                                                                             8314.2015WP

                                                    1

                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD

                                930 WRIT PETITION NO. 8314 OF 2015
                               SUNIL JUGRAJ MUTHA AND ANOTHER
                                                  VERSUS
                                       SURESH JUGRAJ MUTHA
                                                     ...
                      Advocate for the Petitioner : Mr. S.H. Lathkar h/f Mr. S.P. Shah
                     Advocate for Respondent no.1 : Mr. Sanjay S. Dudhane h/f Mr.V.R.
                                                  Dhorde
                                               ...
                                         CORAM : VAISHALI PATIL-JADHAV,J.

                                         DATE       :   25.06.2026

                 P.C. :


                 1]             The report of Resource Personnel shows that
                 during the pendency of this petition, Special Civil Suit
                 No.97/2007 pending before Civil Judge, Senior Division,
                 Dhule itself is decided by judgment and decree dated
                 16.06.2016. The same fact is confirmed by learned counsel
                 appearing for respondent no.1.
                 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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