Bombay High Court
MADLYAN MARCHAD D'SILVAversusTHE COMMISSIONER , VASAI VIRAR CITY CORPORATION
- Decided
- Disposal
- Disposed Off
- Bench
- GAURI GODSE
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
Checking your session…