Bombay High Court

ARJUN LALCHAND VISHWAKARMA AND ORSversusTILAK KHETSHI SHAH AND ORS

Decided: 30 April 2026
Disposal: Disposed Off
Bench: SANDEEP V MARNE

Holding

The writ petition is dismissed as infructuous because the decree has been executed and possession is already with the plaintiff.

Summary

The petitioners Arjun Lalchand Vishwakarma and others filed a writ petition challenging the execution of a decree concerning possession of suit premises. The respondents, Tilak Khetshi Shah and others, contended that the decree had already been executed and possession was in the hands of the plaintiffs. Both parties' counsel jointly submitted that there was nothing left to be adjudicated as the decree was fully performed. The court examined the submissions and found no remaining relief to be granted. Consequently, the court disposed of the writ petition as infructuous, noting that the decree's execution rendered the petition moot.

Subjects

decree execution
possession
writ petition
infructuous dismissal
civil appellate jurisdiction

Judgment

                          Renuka                                                 9-WP-2835-2025


                                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                              CIVIL APPELLATE JURISDICTION
                                              WRIT PETITION NO. 2835 OF 2025
                          Arjun Lalchand Vishwakarma And Ors                   ...Petitioners
                                            V/s.

                          Tilak Khetshi Shah And Ors                          ...Respondents
                                                        ________________
                          Mr. Suraj Ghogre i/b Ms. Surekha Kharwar for Petitioners.
                          Mr. Shravan Vyas with Mr. Vivek Vyas for Respondents.
                                                        ________________
                                                                  CORAM: SANDEEP V. MARNE, J.
                                                                   DATED: 30 APRIL 2026.


                          P.C.:


                          1)           The learned counsel appearing for the parties jointly submit
                          that the decree has been already executed and possession of the Suit
                          premises is already secured by Plaintiffs/landlord. Mr. Ghogre, the
                          learned counsel appearing for Petitioner submits that nothing survives
                          in the Writ Petition.


                          2)           Writ Petition is disposed of as infructuous.




                                                                            [SANDEEP V. MARNE, J.]




Signed by: Renuka S Thakur
                                                           Page No.1 of 1
Designation: PA To Honourable Judge                        30 APRIL 2026
Date: 02/05/2026 11:00:35

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