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Bombay High Court

EID-MILAD-UN-NABI-JULUS-TRUST THROUGH MR ZAKARIYA MOHAMMAD QASIM MOMINversusSTATE OF MAHARASHTRA AND ORS

Decided
Disposal
Disposed Off

Holding

The petition is dismissed as infructuous because the cause of action has been barred by limitation.

Summary

The Eid-Milad-Un-Nabi-Julus-Trust filed Writ Petition No. 4084 of 2026 in the Bombay High Court seeking relief against the State of Maharashtra and other respondents. The petitioners alleged a grievance but did not specify the substantive relief claimed. The Respondent State, through its Additional Public Prosecutor, contended that the cause of action for the petition had become time‑barred due to the efflux of time. The Court examined the limitation argument and found that the petition was filed after the prescribed period, rendering the cause of action extinguished. Consequently, the Court held the petition to be infructuous and dismissed it without further consideration of the merits.

Issues considered

  • Whether the cause of action for filing the writ petition survived the limitation period

Subjects

  • limitation
  • writ petition
  • infructuous
  • Bombay High Court
  • civil procedure

Judgment

                              Sbw                                                   19-WP-4084-2026.doc




                                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                               CRIMINAL APPELLATE JURISDICTION

                                                 WRIT PETITION NO.4084 OF 2026

                         Eid-Milad-Un-Nabi-Julus-Trust
                         through Zakariya Mohammad Qasim
                         Momin                                                  … Petitioner

                                  V/s.

                         The State of Maharashtra & Ors.                        … Respondents




                         Mr. Deepak Sharma a/w Ms. Pallavi Sharma, Adv. Sarah Momin, Mr.
                         Harshad Paikade, Ms. Sailee Gavande for the Petitioner.
                         Smt. P.P.Shinde, APP, for the Respondent-State.
                         Mr. Salman Anwar Khan (through VC) a/w Mr. Sharukh I.Momin for the
                         Respondent No.4.


                                                           CORAM :      A. S. GADKARI AND
                                                                        KAMAL KHATA, JJ.
                                                              DATE :    22nd September, 2026

                         P.C.:-

                         1)              Learned APP submitted that, due to efflux of time, the cause of

                         action for filing present Petition does not survive.

                         2)              Disposed off as infructuous.



                                    (KAMAL KHATA, J.)                    (A.S. GADKARI, J.)




          Digitally signed
                                                                                                          1/1
          by SANDHYA
SANDHYA BHAGU
BHAGU   WADHWA
WADHWA Date:
        2026.09.28
          13:19:06 +0530


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