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Bombay High Court

SAYYAD MAZHAR SAYYAD JAFAR HASHMIversusTHE DISTRICT COLLECTOR PARBHANI AND OTHERS

Disposal
DISPOSED OFF

Holding

The petition stands disposed as infructuous because the underlying civil miscellaneous application was withdrawn.

Summary

The petitioner, Sayyad Mazhar Sayyad Jafar Hashmi, filed a writ petition challenging the order that rejected his amendment application. The court examined the Resource Personnel report, which showed that the underlying Civil Miscellaneous Application No. 8/2013 had been withdrawn. Because the original application no longer existed, the amendment could not be considered. The court therefore concluded that there was nothing left to adjudicate in the petition. It held the petition to be infructuous and ordered its disposal.

Issues considered

  • Whether a writ petition challenging the rejection of an amendment application can proceed when the underlying civil miscellaneous application has been withdrawn

Subjects

  • writ petition
  • amendment application
  • withdrawal
  • infructuous
  • civil procedure

Judgment

2026:BHC-AUG:38278

                                                                              8873.2019WP

                                                   1

                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD

                               4 WRIT PETITION NO. 8873 OF 2019
                           SAYYAD MAZHAR SAYYAD JAFAR HASHMI
                                         VERSUS
                       THE DISTRICT COLLECTOR PARBHANI AND OTHERS
                                                   ...
                 Advocate for Petitioner : Mr. V.A. Babras h/f Mr.Gangakhedkar S.S.
                 Advocate for Respondent nos.2 to 4 : Mr.Al. Amoodi A.M. h/f
                 Mr.G.R. Syed
                                                   ...
                                         CORAM :         VAISHALI PATIL-JADHAV,J.

                                         DATE      :     24.08.2026

                 P.C. :


                 1.           By way of this petition, the petitioner has
                 challenged    the      order   below     Exhibit-88     rejecting     the
                 amendment application.


                 2.           The report of Resource Personnel shows that Civil
                 Misc.    Application     No.8/2013      itself   is   disposed   of   as
                 withdrawn.


                 3.           In view of the same, nothing survives in this
                 petition and the same stands disposed of as infructuous.




                                                 [VAISHALI PATIL-JADHAV]
                                                          JUDGE
                 SGA


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