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Bombay High Court

MADLYAN MARCHAD D'SILVAversusTHE COMMISSIONER , VASAI VIRAR CITY CORPORATION

Decided
Disposal
Disposed Off

Holding

The writ petition is infructuous and is therefore dismissed.

Summary

The petitioner, Madlyan Marchand D’silva, filed a writ petition before the Bombay High Court challenging a decision of the Commissioner, Vasai-Virar Corporation. The petitioner’s counsel submitted that the underlying suit had already been disposed of, rendering the writ petition unnecessary. The court considered the submission that the suit’s disposal made the petition infructuous. No further arguments or evidence were presented. Consequently, the court disposed of the writ petition as infructuous, without addressing any substantive merits.

Issues considered

  • Whether a writ petition remains maintainable when the underlying suit has been disposed of

Subjects

  • writ petition
  • infructuous
  • civil appellate jurisdiction
  • suit disposal
  • Bombay High Court

Judgment

                                                                                27-WP-3361-2017.docx


             rrpillai                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                              CIVIL APPELLATE JURISDICTION
                                              WRIT PETITION NO. 3361 OF 2017

                                Madlyan Marchand D’silva                  …     Petitioner
                                     Vs.
                                The Commissioner, Vasai-Virar             …     Respondent
                                Corporation


                                Mr. Sumit Kate i/b. Dr. Uday Warunjikar for the Petitioner.
                                Ms. Swati Sagvekar for Respondent No. 1.


                                                       CORAM : GAURI GODSE, J.

                                                       DATE :       27th FEBRUARY 2026

                                ORDER :


                                1.    Learned counsel for the petitioner submits that the suit

                                has been disposed of rendering this petition infructuous.


                                2.    The writ petition is disposed of as infructuous.




                                                                           [GAURI GODSE, J.]




             Digitally signed
             by RAJESHWARI
RAJESHWARI   RAMESH PILLAI
RAMESH       Date:                                            1/1
PILLAI       2026.03.04
             10:45:33 +0530


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