Bombay High Court

SHESHRAO MANIKRAO PATIL AND ANOTHERversusBHIMRAO SANGRAM GAROLE

Disposal: DISPOSED OFF

Holding

The Court held that the writ petition is infructuous upon abatement of the suit and therefore must be disposed.

Summary

The petitioners, Sheshrao Manikrao Patil and another, filed a writ petition before the Bombay High Court, Aurangabad Bench, challenging a matter that was also the subject of a civil suit. During the pendency of the writ petition, the underlying civil suit was abated, rendering the cause of action for the writ petition nonexistent. The petitioners, through counsel, moved that the writ petition should be declared infructuous on this ground. The Court examined whether the abatement of the suit extinguishes the jurisdiction to entertain the writ petition. It concluded that with the suit abated, the petition no longer had a viable cause of action and therefore became infructuous. Accordingly, the Court disposed of the writ petition as infructuous, leaving open the possibility of filing a fresh petition if a new cause of action arises.

Issues considered

Whether the abatement of the underlying suit renders the writ petition infructuous?
Whether a writ petition can be revived after being declared infructuous due to abatement of the cause of action?

Subjects

writ petition
infructuous
abatement
civil suit
jurisdiction
High Court

Judgment

2026:BHC-AUG:40049
                                                 1                    58-WP-8556-14.odt




                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD


                                  WRIT PETITION NO. 8556 OF 2014

                          SHESHRAO MANIKRAO PATIL AND ANOTHER
                                              VERSUS
                                   BHIMRAO SANGRAM GAROLE
                                                 ...
                      Advocate for Petitioners : Mr. Pushkar S. Shendurnikar
                         Advocate for Respondent : Mr. R. R. Shaikh h/f.
                                                       Mr. Anandsing Bayas
                                                 ...

                                          CORAM :        SACHIN S. DESHMUKH, J.
                                          DATE       :   02-09-2026
                PER COURT:-


                1.    Learned counsel for the petitioners, on instructions, submits

                that the writ petition has rendered infructuous following the

                abatement of the suit. Accordingly, the writ petition is disposed of

                as infructuous.   However, this will not preclude to make a fresh

                request as and when the cause of action arises.




                                                 [SACHIN S. DESHMUKH]
                                                         JUDGE

                rrd

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