Bombay High Court

MADAN VYANKATESH DAMALEversusSANGEETA PANDURANG SARPATIL

Decided: 12 June 2026
Disposal: Disposed Off
Bench: GAURI GODSE

Holding

The writ petition is infructuous and is therefore disposed of.

Summary

The petitioner, Madan Vyankatesh Damale, filed a writ petition before the Bombay High Court seeking relief. The petitioner’s counsel submitted a signed instruction indicating that the execution proceeding related to the dispute had already been disposed of. Consequently, the petitioner argued that the writ petition had become infructuous. The Court examined whether a writ petition could continue when the underlying execution proceeding was concluded. Finding that there was no remaining issue to be adjudicated, the Court held the petition to be infructuous. Accordingly, the writ petition was disposed of.

Issues considered

What is the appropriate disposition of a writ petition when the underlying execution proceeding has been disposed of?

Subjects

writ petition
execution proceeding
infructuous
civil appellate jurisdiction
Bombay High Court

Judgment

                                                                         9-wp-94-2017.doc




                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
             varsha
                                       CIVIL APPELLATE JURISDICTION
                                       WRIT PETITION NO. 94 OF 2017


                      Madan Vyankatesh Damale                           … Petitioner
                                 vs.
                      Sangeeta Pandurang Sarpatil                       … Respondent


                      Ms. Kanchan Phatak i/b. Mr. Nitin Deshpande for the Petitioner


                                                     CORAM : GAURI GODSE, J.
                                                      DATED : 12th JUNE 2026


                      ORDER:


        Digitally
                      1.    Learned counsel     for the petitioner on instructions submits
        signed by
        VARSHA
VARSHA VIJAY
VIJAY   RAJGURU
RAJGURU Date:
        2026.06.15
        12:07:36
                      that the execution proceeding has been disposed of rendering this
        +0530



                      petition infructuous.

                      2.    The writ petition is disposed of as infructuous.



                                                                       (GAURI GODSE, J.)




                                                   Page no. 1 of 1

Continue reading with your account

Checking your session…