Bombay High Court
ASHUTOSH GANESH MAHAJAN AND OTHERSversusMAHARASHTRA HOUSING AND AREA DEVELOPEMENT AUTHORITY AND OTHERS
- Decided
- Disposal
- Disposed Off
- Bench
- FARHAN PARVEZ DUBASH
Holding
Since the trial court had dismissed the suit for default, the appeal was infructuous and was disposed of.
Summary
The appellant, Ashutosh Ganesh Mahajan and others, filed an appeal against an order of the Maharashtra Housing and Area Development Authority (MHADA) and other respondents. The trial court had earlier dismissed the suit for default by order dated 21 January 2026. No counsel appeared for the appellant, while counsel for the respondents informed the court of the default dismissal. The High Court observed that, in view of the trial court's dismissal, there was nothing left to adjudicate in the appeal. Consequently, the appeal was held to be infructuous and was disposed of, with any pending interim applications also vacated.
Subjects
- appeal
- default judgment
- infructuous appeal
- civil procedure
Judgment
33. AO 196.2024
Ashutosh Mahajan vs. MHADA
Digitally signed
JYOTI by JYOTI
PRAKASH
PRAKASH PAWAR
Date:
PAWAR 2026.03.26
13:20:50 +0530 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
APPEAL FROM ORDER NO. 196 OF 2024
WITH
INTERIM APPLICATION NO. 6324 OF 2024
IN
APPEAL FROM ORDER NO. 196 OF 2024
Ashutosh Ganesh Mahajan and Ors. … Appellant/Applicant
V/s.
Maharashtra Housing and Area Development
Authority and Ors. … Respondents
_______________________________________
None for the Appellant/Applicant
Ms. Sayali Apte i/b. P.G. Lad for Respondent no.1 - MHADA
Ms. Archana D. Gaware i/b. Mr. V.Y. Sanglikar for Respondent nos. 2 and 3
Mr. Sachin Vajale for Respondent no.6 – BMC
_______________________________________
CORAM : FARHAN P. DUBASH, J.
DATE : 24th MARCH 2026
P.C. :
1. None appears for the Appellant. However, Ms. Gaware, learned
Counsel who appears on behalf of Respondent nos. 2 and 3 informs this
Court that by an order dated 21 st January 2026, the Suit in the Trial Court
has been dismissed for default.
2. Considering this, nothing survives in the present Appeal, which
is disposed of as infructuous.
Page 1 of 2
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Order dated 24th March 2026
33. AO 196.2024
Ashutosh Mahajan vs. MHADA
3. All pending Interim Applications filed therein, if any, also stand
disposed of in terms of this order, and all interim orders passed therein, if
any, shall stand vacated.
( FARHAN P. DUBASH, J. )
Jyoti Pawar
Page 2 of 2
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Order dated 24th March 2026
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