Bombay High Court
SOPAN RAJARAM YADAV THROUGH HIS GPA VISHNU SOPAN YADAVversusSHAHAJI KONDIBA YADAV
- Disposal
- DISPOSED OFF
Holding
The writ petitions are infructuous and must be dismissed because the underlying civil appeals have been disposed of, leaving no surviving cause of action.
Summary
The petitioners, Sopan Rajaram Yadav (through his GPA Vishnu Sopan Yadav), filed writ petitions challenging certain orders of the respondent, Shahaji Kondiba Yadav. During the pendency of these petitions, the regular civil appeals numbered 358 and 359 of 2012, which were directly related to the matters raised, were disposed of by the court. Both parties' counsel submitted that, with the disposal of those appeals, there was no substantive relief or issue left for the writ petitions to address. The court examined whether the writ petitions could continue in the absence of any surviving cause of action. Finding that the petitions were rendered moot, the court held them to be infructuous. Consequently, the writ petitions and any pending civil applications were dismissed.
Issues considered
- Whether writ petitions remain maintainable when the substantive civil appeals on which they are based have been disposed of
Subjects
- writ petition
- infructuous
- civil appeal
- dismissal
- jurisdiction
Judgment
2026:BHC-AUG:9949
1 29 WP 9523-2017.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
29 WRIT PETITION NO. 9523 OF 2017
WITH
WRIT PETITION NO. 9524 OF 2017
SOPAN RAJARAM YADAV THROUGH HIS GPA VISHNU SOPAN YADAV
VERSUS
SHAHAJI KONDIBA YADAV
…
Mr. M.P. Tripathi and Mr. K.J. Ghute Patil – Advocate for Petitioner
Mr. M.P. Kale – Advocate for Respondent
…
CORAM : SIDDHESHWAR S. THOMBRE, J.
DATE : 09.03.2026
PER COURT :
1. Learned Counsel appearing for both sides submit that, during the
pendency of the present petitions, Regular Civil Appeal Nos. 358 and 359
of 2012 have already been disposed of and, therefore, nothing survives
for consideration in the present petitions.
2. In view thereof, the Writ Petitions stand disposed of as infructuous.
3. Pending Civil Applications, if any, also stand disposed of.
[ SIDDHESHWAR S. THOMBRE ]
JUDGE
Pooja Kale/
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