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, seeking relief that remained pending for many years. The petitioner’s counsel argued that the passage of time had rendered the matter infructuous. The Court examined whether the petition could still be entertained despite the delay. Finding that the cause of action was no longer viable, the Court held the petition to be infructuous. Consequently, the writ petition was dismissed and any accompanying civil applications were also disposed of.

Issues considered

Whether the writ petition should be dismissed as infructuous due to the lapse of time.

Subjects

writ petition
infructuity
limitation
dismissal
civil application

Judgment

2026:BHC-AUG:19504




                         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/

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