Bombay High Court
VIJAY SUKDEO MALI AND OTHERSversusBABAN LIMBHAJI HAKE
- Disposal
- DISPOSED OFF
- Bench
- ABASAHEB D SHINDE
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. )
vsj..
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