Bombay High Court

UNION OF INDIA , THROUGH THE CHIEF ENGINEER PUNE ZONEversusM/S. ARUN KUMAR DEEDWANIA

Decided: 19 August 2026
Disposal: Disposed Off

Holding

The petition is infructuous and is therefore disposed of.

Summary

The Union of India, represented by the Chief Engineer of the Pune Zone, filed a writ petition (No. 9681 of 2017) against M/s Arun Kumar Deedwani. The respondent filed an execution application, which was later withdrawn, as evidenced by an order dated 30 July 2018. The petitioner sought relief despite the withdrawal. The Court examined whether the petition remained viable after the execution application was withdrawn. Finding that the withdrawal rendered the petition infructuous, the Court held there was no longer any cause of action to entertain. Consequently, the writ petition was disposed of as infructuous.

Issues considered

Whether a writ petition remains maintainable after the withdrawal of the execution application underlying it

Subjects

writ petition
withdrawal
infructuous
civil appellate jurisdiction
execution application

Judgment

Vaishnavi                                                   35-WP-9681-2017


               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        CIVIL APPELLATE JURISDICTION
                       WRIT PETITION NO. 9681 OF 2017

Union Of India , Through The Chief
Engineer Pune Zone                                         ...Petitioner

                      V/s.

M/S. Arun Kumar Deedwania                                 ...Respondent
                                  ________________
Ms. Dhruti Kapadia, for Petitioner.
Mr. Prabhakar M. Jadhav, with Mr. Sudhanshu R. Bade, for Respondent.
                                  ________________


                                             CORAM: SANDEEP V. MARNE, J.

                                             DATED: 19 AUGUST 2026


P.C.:


1)          Mr. Jadhav, the learned counsel appearing for Respondent, on
instructions, submits the execution application itself is withdrawn. He
places on record a copy of order dated 30 July 2018, which is taken on
record and marked ‘X’ for identification.


2)          The Writ Petition is disposed of as infructuous.




                                                       [SANDEEP V. MARNE, J.]



                                      Page No.1 of 1
                                     19 August 2026

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