Bombay High Court

RUPALI ASHOK TAWARE AND OTHERSversusPRAVIN BABASO YADAV AND ANOTHER

Disposal: DISPOSED OFF

Holding

The writ petition is deemed infructuous and is disposed of.

Summary

Petitioner Rupali Taware filed a writ petition challenging an interim order passed against her. During the pendency of the petition, the trial court issued a final order on the merits of the dispute. The petitioner’s counsel argued that the final order rendered the writ petition moot. The bench examined the procedural position that a writ petition becomes infructuous when the substantive relief sought is finally decided. Relying on the principle that courts should not entertain dead issues, the judge held the petition to be infructuous. Consequently, the writ petition was disposed of without further hearing.

Issues considered

Whether a writ petition becomes infructuous when a final order on the merits is passed during its pendency

Subjects

writ petition
infructuous
interim order
final order
civil procedure

Judgment

2026:BHC-AUG:38685




                                             1                           wp st 22491.26

                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD

                          WRIT PETITION STAMP NO. 22491 OF 2026

                        Rupali Taware                             ..   Petitioner

                               Versus

                        Pravin Yadav                              ..   Respondent

                 Shri Jaydeep S. Kadam, Advocate for the Petitioner.

                                   CORAM : MANJUSHA A. DESHPANDE, J.
                                    DATE : 27TH AUGUST, 2026.

                 ORDER :


                 .      Learned advocate for the petitioner submits that in the
                 writ petition interim order has been challenged, however, during
                 the pendency of the writ petition final order has been passed.
                 Hence writ petition has become infructuous.


                 2.     In view of the statement made by the learned advocate for
                 the petitioner, writ petition is disposed of as infructuous.



                                                 [ MANJUSHA A. DESHPANDE J. ]


                 bsb/Aug. 26

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