Created by Fuzzy Cloud

Bombay High Court

GULSHAN SALIM CHAUHANversusFARIDA IQBAL MANSOORI AND ORS

Decided
Disposal
Disposed Off

Holding

The writ petitions are dismissed as infructuous due to the passage of time.

Summary

The petitioners filed writ petitions arising from an election petition filed in 2007. Because a considerable amount of time had elapsed, the court held that the petitions could no longer be entertained. No substantive merits were examined; the matter was disposed solely on the ground of delay. Consequently, both writ petitions were declared infructuous and dismissed. The decision underscores the importance of timely prosecution of election‑related suits.

Issues considered

  • What is the effect of undue delay on the maintainability of writ petitions arising from an election petition?

Subjects

  • election petition
  • writ petition
  • limitation
  • infructuous
  • High Court of Bombay

Judgment

                                                        37-WP-11308-11.doc



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

                WRIT PETITION NO. 11308 OF 2011

Gulshan Salim Chauhan                  … Petitioner
            V/s.
Farida Iqbal Mansoori and Others       … Respondents
                             WITH
               WRIT PETITION NO.10647 OF 2011
Sarabai Mithaiwala                             … Petitioner
            V/s.
Farida Iqbal Mansoori and Others               … Respondents

Mr. Santosh P., for Respondent- BMC.
Mr. Prashant R. Suryawanshi i/b Mr. Gajanan M.
Savagave, for Respondent No. 1.
Ms. Itisha Rahka i/b M. P. Vashi and Associates, for
Respondent No. 2 in WP- 11308/2011.
Ms. Itisha Rahka i/b M. P. Vashi and Associates, for
Petitioner in WP-10647/2011.

                              CORAM      : AMIT BORKAR, J.

                              DATED      : FEBRUARY 12, 2026
P.C.:

1.      The Petitions arises out of election Petition filed in the year
2007. Due to passage of time, the petitions are rendered
infructuous. Both the writ petitions stand disposed of as
infructuous.

                                                (AMIT BORKAR, J.)




                                   1


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.