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Bombay High Court

MACHINDRA BABURAO PAWARversusTHE CHIEF OFFICER PATHARDI NAGAR PARISHAD AHMEDNAGAR

Disposal
DISPOSED OFF

Holding

The writ petition was held to be infructuous and therefore disposed.

Summary

Machindra Baburao Pawar filed a writ petition against the Chief Officer of Pathardi Nagar Parishad, Ahmednagar. During the pendency of the petition, the related regular civil suit (No. 308 of 2016) was dismissed in default. The petitioner’s counsel argued that with the dismissal of the civil suit, there was nothing left to consider in the writ petition. The Court held that the writ petition had become infructuous due to the dismissal of the underlying suit. Consequently, the petition was disposed of as infructuous, and any pending civil applications, if any, were also dismissed.

Issues considered

  • Whether a writ petition remains maintainable when the underlying civil suit has been dismissed in default?

Subjects

  • writ petition
  • default judgment
  • infructuous
  • civil suit dismissal
  • high court

Judgment

2026:BHC-AUG:4750
                                                   1                          60 WP 8781-2017.odt




                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      BENCH AT AURANGABAD

                                 60 WRIT PETITION NO. 8781 OF 2017

                                 MACHINDRA BABURAO PAWAR
                                          VERSUS
                  THE CHIEF OFFICER PATHARDI NAGAR PARISHAD AHMEDNAGAR

                                                 …
             Mr. Sanjay N. Gaikwad h/f. Mr. Niteen V. Gaware – Advocate for
             Petitioner
             Mr. Shahaji Nadare h/f. Mr. R.V. Naiknaware – Advocate for Respondent
                                                 …

                                      CORAM         : SIDDHESHWAR S. THOMBRE, J.
                                      DATE          : 02.02.2026

             PER COURT :
             1.       Learned Counsel for the petitioner submits that, during the

             pendency of the present petition, Regular Civil Suit No.308 of 2016 has

             been dismissed in default 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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