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Bombay High Court

VIJAY SUKDEO MALI AND OTHERSversusBABAN LIMBHAJI HAKE

Disposal
DISPOSED OFF

Holding

The writ petition stands disposed of as infructuous because the underlying case and orders have already been decided.

Summary

The petitioners filed a writ petition (No. 9736 of 2015) challenging an interlocutory order and a subsequent order arising from R.C.S. No.01 of 2014. The petitioners argued that the orders were still open for review. The court observed that R.C.S. No.01 of 2014, which contains the orders in question, has already been decided. Consequently, there was no remaining issue for the writ petition to address. The court therefore held that the writ petition was infructuous and disposed of it.

Issues considered

  • What is the effect on a writ petition when the underlying case and the orders therein have already been decided?

Subjects

  • writ petition
  • infructuous
  • interlocutory order
  • dismissal
  • high court

Judgment

2026:BHC-AUG:14920
                                                  1                       954.doc



                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD
                        954 WRIT PETITION NO. 9736 OF 2015

                          VIJAY SUKDEO MALI AND OTHERS
                                     VERSUS
                               BABAN LIMBHAJI HAKE
                                            ...


           Advocate for the Petitioner : Adv. M.G. Kochar h/f.Adv. Waramaa B.R.
                  Advocate for Respondent/Sole: Mr. Kanade Angad L.
                                              …
                                         CORAM        : ABASAHEB D. SHINDE, J.
                                           DATE       : 08.04.2026
              PER COURT :
              .      Learned counsel for the petitioners submits that R.C.S. No.01 of
              2014 from which the earlier interlocutory order and the order
              impugned in this petition are arising, itself has been decided. In that
              view of the matter, nothing survives in this Writ Petition. As such, the
              Writ Petition stands disposed of as infructuous.




                                                      ( ABASAHEB D. SHINDE, J. )




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