Bombay High Court

NAIR PUSHPA SURESHKUMAR AND ORSversusTHE STATE OF MAHARASHTRA THR ITS PRINCIPAL SECRETARY MINISTRY OF COOPERTAION AND ORS

Decided: 8 January 2026
Disposal: Disposed Off
Bench: AMIT BORKAR

Holding

The Court, being functus officio, could not entertain the interim application and dismissed it.

Summary

The applicants, Nair Pushpa Sureshkumar & Anr., filed an interim application seeking continuation of ad-interim relief in a writ petition that had already been disposed. They had also filed a Special Leave Petition (Civil) Diary No.166 of 2026 before this Court. The Court held that, having become functus officio after the disposal of the writ petition and the filing of the SLP, it could not entertain the interim application. Consequently, the interim application was dismissed. No substantive merits of the relief were considered.

Issues considered

Whether the High Court can entertain an interim application for continuation of ad-interim relief after the writ petition has been disposed and a Special Leave Petition has been filed.

Subjects

interim relief
functus officio
writ petition
special leave petition
civil appellate jurisdiction

Judgment

901-ia154-2026 in wp14087-2023.doc

AGK
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION

INTERIM APPLICATION NO.154 OF 2026
IN
WRIT PETITION NO.14087 OF 2023

Nair Pushpa Sureshkumar & Anr. … Applicants
V/s.
The State of Maharashtra & Ors. … Respondents

Mr. Sidheshwar Biradar for the applicants/original
Digitally
signed by
petitioners.
ATUL
ATUL GANESH
GANESH KULKARNI
KULKARNI Date:
2026.01.08
Mrs. V.S. Nimbalkar, AGP for respondent No.1-State.
17:37:01
+0530

Ms. Shraddha Pawar i/by Mr. Dilip Bodake for
respondent Nos.2 and 3.
Mr. Pratik B. Rahade for respondent No.8.

CORAM : AMIT BORKAR, J.

DATED : JANUARY 8, 2026
P.C.:

1. By this interim applicants, the applicants are seeking
continuation of ad-interim relief in a disposed of writ petition.
However, the petitioner has already filed Special Leave Petition
(Civil) Diary No.166 of 2026. Therefore, this Court has become
functus officio.

2. The interim application, therefore, cannot be entertained.
The same stands dismissed.

(AMIT BORKAR, J.)

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