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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