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Bombay High Court

ASHUTOSH GANESH MAHAJAN AND OTHERSversusMAHARASHTRA HOUSING AND AREA DEVELOPEMENT AUTHORITY AND OTHERS

Decided
Disposal
Disposed Off

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
                                                      -------------------------------------
                                                      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
                               -------------------------------------
                               Order dated 24th March 2026


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