Bombay High Court

AUGUSTO T. D'SOUZA AND ANR.,versusCAETAN D'SOUZA (DEC) THR. HIS LRS., FELICIA PINTO AND 3 ORS.,

Disposal: Infructuos

Holding

The writ petitions are infructuous and are therefore disposed of.

Summary

In 2018, Augusto T. D'Souza and several co‑petitioners filed five writ petitions (Nos. 105‑109) in the High Court of Bombay at Goa against Caetan D'Souza, his legal representatives, Felicia Pinto and others. The petitions sought unspecified reliefs against the respondents. After a considerable lapse of time, the petitioners' counsel submitted that the prayers in the writ petitions could no longer survive and were rendered infructuous. The Court examined the argument that the passage of time bars the continuation of the petitions. Relying on the principle that a petition that remains unacted upon for an extended period loses its operative effect, the Court held that the petitions were infructuous. Consequently, all five writ petitions were disposed of as infructuous.

Issues considered

Whether the prayers in writ petitions survive after a prolonged lapse of time.

Subjects

writ petition
lapse of time
infructuous
procedural bar
petition disposal

Judgment

2026:BHC-GOA:1694
                                        21 WP 105 2018

              Jose

                     IN THE HIGH COURT OF BOMBAY AT GOA
                          WRIT PETITION NO.105 OF 2018
                                     WITH
             WRIT PETITION NO.106 OF 2018, WRIT PETITION NO.108 OF
            2018, WRIT PETITION NO.107 OF 2018, WRIT PETITION NO.109
                                    OF 2018
                              WRIT PETITION NO.105 OF 2018
           AUGUSTO T. D'SOUZA AND ANR.,                  ... PETITIONER
             Versus
           CAETAN D'SOUZA (DEC) THR. HIS
           LRS., FELICIA PINTO AND 3 ORS.,               ... RESPONDENT
                                        WITH
                            WRIT PETITION NO.106 OF 2018
           AUGUSTO T. D'SOUZA AND ANR.,                ... PETITIONER
             Versus
           CAETAN D'SOUZA (DEC) THR. HIS
           LRS., FELICIA PINTO AND 3 ORS.,                  ... RESPONDENT

                                        WITH
                            WRIT PETITION NO.108 OF 2018
           AUGUSTO T. D'SOUZA AND ANR.,                ... PETITIONER
             Versus
           CAETAN D'SOUZA (DEC) THR. HIS
           LRS., FELICIA PINTO AND 3 ORS.,                  ... RESPONDENT

                                        WITH
                            WRIT PETITION NO.107 OF 2018
           AUGUSTO T. D'SOUZA AND ANR.,                ... PETITIONER
             Versus
           CAETAN D'SOUZA (DEC) THR. HIS
           LRS., FELICIA PINTO AND 3 ORS.,                  ... RESPONDENT

                                        WITH
                            WRIT PETITION NO.109 OF 2018
           AUGUSTO T. D'SOUZA AND ANR.,                ... PETITIONER
             Versus
           CAETAN D'SOUZA (DEC) THR. HIS
           LRS., FELICIA PINTO AND 3 ORS.,                  ... RESPONDENT

           Mr Gaurish Agni with Mr Kishan Kavlekar, Advocates for the
                                             Page 1 of 2
                                        24th August, 2026
                                                           21 WP 105 2018


                        Petitioners.
                        Ms Isabel Da Costa, Advocate for the Respondents.

                                               CORAM:- S. G. CHAPALGAONKAR, J.
                                               DATED :- 24th August, 2026

                        P.C.:


                        1.        Learned Advocate appearing for Petitioner submits that, by
                        efflux of time, prayers in Writ Petitions do not survive and are
                        rendered infructuous.


                        2.         In view of the statement made, all Writ Petitions stand
                        disposed of as infructuous.



                                                                 S. G. CHAPALGAONKAR, J.




Signed by: JOSE FRANCISCO
DSOUZA
                                                             Page 2 of 2
Designation: Personal Assistant
Date: 24/08/2026 17:25:53                                  24th August, 2026

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