Bombay High Court
PRITHVI VALLABH BHALCHANDRA RAWAT AND ANRversusSMT. MANJU S. AGARWAL AND ORS
- Decided
- Disposal
- Disposed Off
- Bench
- GAURI GODSE
Holding
The writ petition was dismissed as infructuous because the underlying suit had been dismissed.
Summary
The petitioners, Prithvivallabh B. Rawat and another, filed a writ petition before the Bombay High Court challenging an order of the Municipal Corporation of Greater Mumbai (MCGM). The respondents, including Manju Santosh Agarwal, contended that the underlying civil suit had been dismissed on 23 February 2024, rendering the writ petition moot. The court noted that the dismissal of the suit eliminated any substantive relief that could be granted through the writ. Consequently, the court held that the writ petition was infructuous. The petition was therefore disposed of without any order in favour of the petitioners.
Issues considered
- Whether a writ petition remains maintainable when the underlying civil suit has been dismissed?
Subjects
- writ petition
- infructuous
- dismissal of suit
- High Court
- Civil appellate jurisdiction
- Municipal Corporation of Greater Mumbai
Judgment
16-WP-148-2020.docx
rrpillai IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 148 OF 2020
Prithvivallabh B. Rawat and Another … Petitioners
Vs.
Manju Santosh Agarwal and Others … Respondents
None for the Petitioners.
Mr. Santosh Mali for the Respondent-BMC.
CORAM : GAURI GODSE, J.
DATE : 30th APRIL 2026
ORDER :
1. None for the petitioners.
2. Learned counsel for respondent no. 2-MCGM submits
that the plaint has been rejected on 23 rd February 2024
rendering the petition infructuous.
3. In view of dismissal of the suit, the writ petition is
disposed of as infructuous.
[GAURI GODSE, J.]
Digitally
signed by
RAJESHWARI
RAJESHWARI RAMESH
RAMESH PILLAI
PILLAI Date:
2026.05.04
10:44:30
+0530
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