Bombay High Court

MAHARU TANGA PATIL AND ANOTHERversusSANGITA RAINDRA PATIL PAWAR

Disposal: DISPOSED OFF

Holding

The writ petition stands disposed of as infructuous because the underlying civil suit was withdrawn.

Summary

The petitioners filed a writ petition challenging an order (Exhibit‑5) passed by the Civil Judge, Senior Division, Dhule in Special Civil Suit No. 32 of 2016. They contended that the civil suit had been withdrawn on 25 July 2019 by the 4th Joint Civil Judge, Senior Division, Dhule. The High Court examined whether any relief could still be granted given the withdrawal of the underlying suit. Finding that the suit was already withdrawn, the Court held that there was nothing left to adjudicate in the writ petition. Consequently, the petition was declared infructuous and disposed of.

Issues considered

What is the effect on a writ petition when the underlying civil suit has been withdrawn?

Subjects

writ petition
withdrawal of suit
infructuous petition
civil procedure
jurisdiction

Judgment

2026:BHC-AUG:38418

                                                                        9075.2018WP

                                                  1

                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD

                              3 WRIT PETITION NO. 9075 OF 2018
                            MAHARU TANGA PATIL AND ANOTHER
                                        VERSUS
                              SANGITA RAINDRA PATIL PAWAR
                                                  ...
                 Advocate for the Petitioners : Mr. Thoke D.B.
                 AGP for Respondent/State : Mr. S.J. Salgare
                                                    ...
                                       CORAM :          VAISHALI PATIL-JADHAV,J.

                                       DATE       :     24.08.2026

                 P.C. :


                 1.          By way of this petition, the petitioners have
                 challenged the order below Exhibit-5 passed by the Civil
                 Judge, Senior Division, Dhule in Special Civil Suit No.32 of
                 2016.
                 2.          Learned counsel for the petitioners submits that
                 Special Civil Suit No.32/2016 is disposed of as withdrawn on
                 25.07.2019 by the learned 4th Joint Civil Judge, Senior
                 Division, Dhule.
                 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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