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/
Checking your session…