Bombay High Court

GOVIND JAGANNATH KAWADE DIED LRS MAHADEO GOVIND KAWADE AND OTHERSversusSATYABHAMABAI KESHAVRAO ADSUL AND OTHERS

Disposal: DISPOSED OFF

Holding

The writ petition is disposed of as infructuous due to the withdrawal of the underlying civil suit.

Summary

The petitioners filed a writ petition challenging an order (Exhibit-27) passed by the Joint Civil Judge, Junior Division, Kallam. The court noted that the regular civil suit (No. 262/2011) underlying the dispute had been withdrawn. Since the substantive suit was withdrawn, there was no operative relief to be granted. Consequently, the writ petition could not proceed. The court held that the petition stood disposed of as infructuous and dismissed it.

Issues considered

What is the effect of the withdrawal of the underlying civil suit on the pending writ petition?

Subjects

writ petition
withdrawal of suit
infructuous
civil procedure
jurisdiction

Judgment

2026:BHC-AUG:38279

                                                                       8895.2018WP

                                               1

                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD

                             2 WRIT PETITION NO. 8895 OF 2018
                       GOVIND JAGANNATH KAWADE DIED LRS MAHADEO
                               GOVIND KAWADE AND OTHERS
                                        VERSUS
                       SATYABHAMABAI KESHAVRAO ADSUL AND OTHERS
                                               ...
                 Advocate for Petitioners:Mr.M.L.Dharashiv h/f Mr.Sontakke Patil
                 B.R.
                 Advocate for Respondent nos.1 to 4 : Mr. Ambad S.A.
                                                 ...
                                     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-27 passed by the Joint
                 Civil Judge, Junior Division, Kallam.
                 2.         The report of the Resource Personnel of this Court
                 shows that Regular Civil Suit No.262/2011 itself is disposed
                 of as withdrawn.
                 2.         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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