Bombay High Court

SHAIKH MAZHAR HAJI SHAIKH ISMAILversusMADHAVRAO BAPURAO RANDIVE AND OTHERS

Disposal: DISPOSED OFF
Bench: SACHIN S DESHMUKH

Holding

The court held that the writ petition is infructuous because of the lapse of time.

Summary

The petitioner, Shaikh Mazhar Haji Shaikh Ismail, filed a writ petition before the Bombay High Court, Aurangabad Bench. Counsel for the petitioner argued that the petition had become infructuous due to the lapse of time. The court considered whether the petition could still be entertained despite the alleged delay. Relying on the submission that the cause of action was time‑barred, the bench held that the petition could not be entertained. Consequently, the writ petition was disposed of as infructuous.

Issues considered

Whether the writ petition is maintainable in view of the passage of time

Subjects

writ petition
infructuous
limitation period
procedural law

Judgment

2026:BHC-AUG:31134



                                                                  4 WP1216.2014
                                            -1-

                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                               BENCH AT AURANGABAD

                             4 WRIT PETITION NO. 1216 OF 2014

                         SHAIKH MAZHAR HAJI SHAIKH ISMAIL
                                            VERSUS
                     MADHAVRAO BAPURAO RANDIVE AND OTHERS
                                               ...
              Advocate for the Petitioner : Mr. Anil M. Gaikwad
                                               ...


                                        CORAM : SACHIN S. DESHMUKH, J.
                                           Date : 27.07.2026

              PER COURT :-

              1.        Mr. Anil M. Gaikwad, learned counsel for the

              Petitioner submits that by passage of time the Petition is

              rendered infructuous.


              2.        The Writ Petition stands disposed of as infructuous.




                                                  (SACHIN S. DESHMUKH, J.)

              marathe

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