Bombay High Court
MOTILAL OSWAL HOME FINANCE LTDversusTHE STATE OF MAHARASHTRA AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The petition was disposed of as infructuous because the borrower had settled the loan and the petitioner no longer sought possession.
Summary
The petitioner, Motilal Oswal Home Finance Ltd., filed a writ petition seeking physical possession of a mortgaged property, and the High Court directed the respondents to ensure possession by 23 July 2026. Between the order and the compliance date, the borrower settled the loan, and the petitioner indicated it no longer wished to take possession. The petitioner moved that the petition be disposed of as there was no longer any dispute. The Court accepted this submission and disposed of the petition as infructuous, also dismissing any pending applications. No further relief was granted.
Issues considered
- What is the appropriate disposition of a writ petition for possession when the underlying debt has been fully settled by the borrower?
Subjects
- possession
- secured creditor
- writ petition
- civil appellate jurisdiction
- loan settlement
- infructuous petition
Judgment
58_WP_1063_26.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 1063 OF 2026
Motilal Oswal Home Finance Limited … Petitioner
vs.
The State of Maharashtra and others … Respondents
Mr. Navin Arora (through V.C.) for petitioner.
Mr. Ketan Joshi, ‘B’ panel advocate for respondents – State authorities.
CORAM : MANISH PITALE &
SHREERAM V. SHIRSAT, JJ
DATE : 20th AUGUST, 2026
P.C. :
. In this petition, on 17.07.2026, this Court had directed the
respondents to ensure that physical possession of the subject
property was made over to the petitioner – secured creditor on
23.07.2026. Today, the petition is listed for compliance.
2. The learned counsel for the petitioner informs this Court that
in the interregnum, the borrower has settled the loan account and
therefore, the petitioner does not wish to pursue the case for taking
physical possession of the subject property. It is indicated that the
petition could be disposed of.
4. In view of the above, the petition is disposed of as infructuous.
Pending applications, if any, also stand disposed of.
(SHREERAM V. SHIRSAT, J.) (MANISH PITALE, J.)
Priya Kambli
Digitally signed
by PRIYA
PRIYA KAMBLI 1/1
KAMBLI Date:
2026.08.20
15:03:33 +0530
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