Bombay High Court

GOPINATH NAGVEKARversusSHAFIK SHEIKH (DEC) AND 3 ORS

Disposal: Infructuos
Bench: NEELA GOKHALE

Holding

The petition is infructuous and is therefore disposed of.

Summary

Gopinath Nagvekar filed a writ petition challenging a 3 March 2020 order of the Ad‑hoc Civil Judge, Senior Division, Mapusa, which had directed production of documents in Civil Suit No.161/2002/A. The petitioner’s counsel, Ms. Annelise Fernandes, informed the court that the underlying civil suit had already been decreed, rendering the petition unnecessary. The High Court examined whether the petition could continue in view of the final decree in the suit. Finding that the suit’s decree eliminated any need for the document‑production order, the court held the petition to be infructuous. Consequently, the petition was disposed of as infructuous.

Issues considered

What is the effect on a writ petition challenging an interim order when the main civil suit to which the order relates has been finally decreed?

Subjects

writ petition
infructuous
civil procedure
production of documents
decree

Judgment

  2026:BHC-GOA:1423
                                                           WP 2 2023

                          Amrut

                                  IN THE HIGH COURT OF BOMBAY AT GOA
                                             WRIT PETITION NO.2 OF 2023

                     GOPINATH NAGVEKAR                                       ... PETITIONER
                       Versus
                     SHAFIK SHEIKH (DEC) AND 3 ORS                           ... RESPONDENTS


                     Ms Annelise Fernandes, Advocate for the Petitioner.


                                             CORAM:- DR. NEELA GOKHALE, J.
                                             DATED :- 22nd July, 2026

                     P.C.:


                     1.              Ms A. Fernandes, learned counsel appearing for the
                     Petitioner states that the present petition assails the order dated 3rd
                     March 2020, passed by the Ad-hoc Civil Judge, Senior Division,
                     'A' Court, Mapusa Goa, which was passed below Exhibit D-110
                     seeking production of documents in Regular Civil Suit
                     No.161/2002/A.
                     2.               Ms Fernandes submits that the Regular Civil Suit
                     No.161/2002/A itself has been decreed and hence the present
                     petition is rendered infructuous.
                     3.          In view of the statement made by Ms Fernandes, the petition
                     is disposed of as infructuous.



                                                                 DR. NEELA GOKHALE, J.
Signed by: TARI AMRUT NAGESH
Designation: Private Secretary
                                                           Page 1 of 1
Date: 22/07/2026 18:51:17
                                                          22nd July, 2026

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