Bombay High Court
SHAIKH MOHAMMED AZHAR MOHAMMED GOUSEversusKISHOR RAMCHANDRA KHARE AND ANR
- Decided
- Disposal
- Disposed Off
Holding
The writ petition was held to be infructuous and was dismissed.
Summary
Petitioner Shaikh Mohammed Azhar Mohammed filed a writ petition (No. 1519 of 2020) before the Bombay High Court challenging a matter that was also the subject of a main civil suit. The learned counsel for the petitioner informed the court that the main suit had been fully disposed of by a judgment dated 16 November 2021, leaving no surviving cause of action. Consequently, the petitioner argued that there was nothing left to be addressed in the writ petition. The court examined the submission and found that the petition had become moot. Accordingly, the writ petition was dismissed as infructuous, with no further orders issued.
Issues considered
- Whether the writ petition remains maintainable after the disposal of the main suit.
Subjects
- writ petition
- infructuous
- dismissal
- civil appellate jurisdiction
- Bombay High Court
Judgment
2026:BHC-AS:35110
Vaishnavi 24-WP-1519-2020
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 1519 OF 2020
Shaikh Mohammed Azhar Mohammed
Gouse ...Petitioner
V/s.
Kishor Ramchandra Khare and Anr. ...Respondents
________________
Ms. Gauri Kulkarni i/b Mr. Jayendra D. Dhairnar, for Petitioner.
Mr. Siddhant Dalvi i/b IV Merchant and Co., for the Respondent No. 1
and 2.
________________
CORAM: SANDEEP V. MARNE, J.
DATED: 25 AUGUST 2026
P.C.:
1) Ms. Kulkarni, the learned counsel appearing for Petitioner, on
instructions, submits that the main Suit itself has been disposed of by
judgment and order dated 16 November 2021 and that nothing survives
in the Petition.
2) The Writ Petition is disposed of as infructuous.
[SANDEEP V. MARNE, J.]
Signed by: VAISHNAVI MAHADEV
Page No.1 of 1
SHEJAL 25 August 2026
Designation: PA to Honorable Judge
Date: 27/08/2026 11:18:41
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