Bombay High Court

K.P. BANEY DECD. THR. LHRS SMT. SHEILA K BANEY AND ORSversusTHE DEPUTY INSPECTOR THR. DEPUTY CHIEF CONTROLLER OF STAMPS AND ORS

Decided: 27 July 2026
Disposal: Disposed Off
Bench: AMIT BORKAR

Holding

The interim application is dismissed as infructuous because no issue remains for adjudication.

Summary

The petitioners filed an interim application (No. 2456 of 2023) in a writ petition originally filed in 2015. The learned counsel for the petitioners submitted that the earlier application had already been served and that no substantive issues remained for adjudication in the present application. The court considered the submission that there was nothing further to be decided. Accordingly, the court found the application to be infructuous. The application was therefore disposed of without any further hearing. The judgment reflects a procedural dismissal due to the absence of any pending matter.

Issues considered

Whether any matter remains for adjudication in the present interim application?

Subjects

interim application
infructuous
procedural dismissal
civil procedure

Judgment

                                                                            38-IA-2456-23+.doc



                                                                                    Sayali



                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      CIVIL APPELLATE JURISDICTION


                                  INTERIM APPLICATION NO. 2456 OF 2023
                                                   IN
SAYALI                                WRIT PETITION NO.688 OF 2015
DEEPAK
UPASANI
Digitally signed by
SAYALI DEEPAK           K. P. Baney Deced. Thr. Lhrs. Smt.
UPASANI
Date: 2026.07.27
17:26:19 +0530
                      Sheila K. Baney and Others                   … Applicants
                                  V/s.
                       The Deputy Inspector Thr Deputy Chief
                      Controller of Stamps and Others              … Respondents

                      Ms. Nikita K. Dharamshi          i/b   CK   Legal,   for
                      Applicants-Org. Petitioner.
                      Ms. S. D. chipade, AGP for State.


                                                    CORAM    : AMIT BORKAR, J.

                                                    DATED    : JULY 27, 2026

                      P.C.:

                      1.      The learned Advocate appearing for the applicant submits
                      that the first application has already been served and that
                      nothing further survives for adjudication in the present petition.

                      2.      In view of the above submission, the present application is
                      disposed of as infructuous.

                                                                  (AMIT BORKAR, J.)



                                                        1

Continue reading with your account

Checking your session…