Bombay High Court

DASHRATH BHAURAO BHILWANDEversusSHAIKH NAVAB SK. HUSENSAB and ORS.

Disposal: DISPOSED OFF
Bench: ARUN R PEDNEKER

Holding

The writ petition is dismissed as infructuous.

Summary

Shaikh Navab filed a writ petition in 2001 against Dashrath Bhiwan and others. After more than two decades, the petitioner’s counsel argued that the matter had become infructuous because of the passage of time. The Court examined whether the petition could still be entertained. Finding that the delay rendered the petition ineffective, the Court dismissed the writ petition as infructuous. Consequently, any accompanying civil applications were also disposed of.

Issues considered

Whether the writ petition is infructuous due to the lapse of time

Subjects

writ petition
infructuous
limitation
dismissal

Judgment

2026:BHC-AUG:19503




                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    BENCH AT AURANGABAD

                              904 WRIT PETITION NO. 4702 OF 2001
                                             WITH
                      CIVIL APPLICATION NO. 7056 OF 2001 IN WP/4702/2001
                                             WITH
                      CIVIL APPLICATION NO. 387 OF 2002 IN WP/4702/2001
                                             WITH
                      CIVIL APPLICATION NO. 469 OF 2002 IN WP/4702/2001

                                   SHAIKH NAVAB SK.HUSENSAB
                                                VERSUS
                           DASHRATH BHAURAO BHIWANDE AND ORS
                                                  ...
                        Advocate for the Petitioner : Mr. N.P. Patil Jamalpurkar
                             AGP for Respondent/State : Mr. B.V. Virdhe
                                                  ...

                                  CORAM         : ARUN R. PEDNEKER, J.
                                  Dated         : April 30, 2026

              PER COURT :-

              1.     The learned counsel for the petitioner submits that due to passage

              of time, the matter has became infructuous.

              2.     The writ petition is dismissed as infructuous. Civil Applications, if

              any, also stand disposed of.

                                                              ( ARUN R. PEDNEKER, J. )

              ssc/

Continue reading with your account

Checking your session…