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The petition stands disposed as infructuous because the underlying civil miscellaneous application was withdrawn.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the Resource Personnel report, which showed that the underlying Civil Miscellaneous Application No. 8/2013 had been withdrawn.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the rejection of an amendment application can proceed when the underlying civil miscellaneous application has been withdrawn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withdrawn.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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