Bombay High Court

ARVIND UDDHAV DESHPANDEversusSHIRISH GOVINDRAO DESHPANDE AND OTHERS

Disposal: DISPOSED OFF
Bench: VAISHALI PATIL JADHAV

Holding

The writ petition was dismissed as infructuous because the underlying civil suit had been decided.

Summary

Arvind Uddhav Deshpande filed a writ petition challenging an order dated 15 July 2013 passed by the 4th Civil Judge, Junior Division, Osmanabad in Regular Civil Suit No. 583/2012. While the writ petition was pending, the underlying civil suit was finally decided by the 3rd Joint Civil Judge, Senior Division, Osmanabad on 19 July 2021. The High Court observed that the decision of the civil suit rendered the relief sought in the writ petition moot. Consequently, the court held that there was nothing left to adjudicate in the petition. The petition was therefore disposed of as infructuous.

Issues considered

What is the appropriate disposition of a writ petition when the substantive civil suit it challenges has been finally decided?

Subjects

writ petition
civil suit
infructuous
jurisdiction
dismissal

Judgment

2026:BHC-AUG:24891

                                                                            8439.2014WP

                                                   1

                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD

                              918 WRIT PETITION NO. 8439 OF 2014
                                  ARVIND UDDHAV DESHPANDE
                                               VERSUS
                        SHIRISH GOVINDRAO DESHPANDE AND OTHERS
                                                   ...
                            Advocate for the Petitioner : Mr. Ashtekar R.K.
                        Advocate for Respondent nos.1, 4 and 5 : Mr. V.V. Ingale
                                              ...
                                        CORAM : VAISHALI PATIL-JADHAV,J.

                                        DATE       :   25.06.2026

                 P.C. :


                 1]           By way of this petition, the petitioner has
                 challenged the order below Exhibit-5 dated 15.07.2013
                 passed by 4th Civil Judge, Junior Division, Osmanabad in
                 Regular Civil Suit No.583/2012.
                 2]           During the pendency of this petition, Regular Civil
                 Suit No.583/2012 is decided by the learned 3 rd Joint Civil
                 Judge, Senior Division, Osmanabad by judgment and decree
                 dated 19.07.2021.
                 3]           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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