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Bombay High Court

GANGAMANI SHANKAR KESHAVWAR AND OTHERSversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal
DISPOSED OFF

Holding

The writ petition is infructuous and is therefore disposed of.

Summary

The petitioners filed a writ petition in the Bombay High Court, Aurangabad Bench, seeking relief against the State of Maharashtra and others. The respondents contended that the regular civil suit concerning the same matter had been finally decided, leaving no issue for the court to consider. The court examined whether any relief could still be granted in the writ petition after the civil suit's conclusion. Finding that the civil suit's final decree resolved the dispute, the court held that the writ petition was infructuous. Consequently, the petition was disposed of, and any pending civil applications, if any, were also dismissed.

Issues considered

  • Whether a writ petition remains maintainable when the regular civil suit concerning the same cause of action has been finally decided

Subjects

  • writ petition
  • infructuous
  • civil suit
  • final decree
  • jurisdiction
  • disposal

Judgment

2026:BHC-AUG:8870
                                                   1                          44 WP 8780-2017.odt




                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      BENCH AT AURANGABAD

                                 44 WRIT PETITION NO. 8780 OF 2017

                            GANGAMANI SHANKAR KESHAVWAR AND OTHERS
                                             VERSUS
                              THE STATE OF MAHARASHTRA AND OTHERS

                                                …
             Mr. Sushant C. Yeramwar – Advocate for Petitioners
             Mr. R.B. Dhaware – AGP for Respondent No.1, State
             Mr. B.R. Kedar – Advocate for Respondent No.2
                                                …

                                      CORAM         : SIDDHESHWAR S. THOMBRE, J.
                                      DATE          : 27.02.2026

             PER COURT :
             1.       Learned Counsel for the respondents submits that the Regular Civil

             Suit has been finally decided and, therefore, nothing survives for

             consideration in the present petition.


             2.       In view thereof, the Writ Petition stands disposed of as infructuous.


             3.       Pending Civil Applications, if any, also stand disposed of.




                                                         [ SIDDHESHWAR S. THOMBRE ]
                                                                   JUDGE


             Pooja Kale/


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