Bombay High Court

BHAGWANDAS ALIDAS KALDA (DIED THR. LRS) KISHANLAL BAGWANDAS KALDA AND ANOTHERversusNANDKUMAR KANTILAL PATEL AND OTHERS

Disposal: DISPOSED OFF
Bench: SACHIN S DESHMUKH

Holding

The writ petition is dismissed as infructuous due to the passage of time.

Summary

The petitioners, Bhagwandas Alidas Kalda (deceased) represented by Kishanlal Bagwandas Kalda and another, filed Writ Petition No. 4093 of 2014 before the Bombay High Court, Aurangabad Bench, challenging actions of the respondents, Nandkumar Kantilal Patel and others. The petition remained pending for an extended period, and the petitioners' counsel argued that the passage of time had rendered the petition infructuous. The Court examined whether the delay had caused the relief sought to become moot. Relying on the principle that a petition cannot be entertained when it is no longer capable of achieving its purpose, the Court held that the petition was infructuous. Consequently, the writ petition was disposed of without any further orders.

Issues considered

Whether the writ petition is maintainable after a prolonged delay rendering it infructuous

Subjects

writ petition
infructuous
delay
civil procedure
Bombay High Court

Judgment

2026:BHC-AUG:27681



                                                                  51 WP4093.2014
                                              -1-

                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD

                             51 WRIT PETITION NO. 4093 OF 2014

               BHAGWANDAS ALIDAS KALDA (DIED THR. LRS) KISHANLAL
                            BAGWANDAS KALDA AND ANOTHER
                                            VERSUS
                      NANDKUMAR KANTILAL PATEL AND OTHERS
                                               ...
              Advocate for the Petitioner : Mr. Rahul R. Sancheti
              Advocate for Respondent : Mr. Arvind Deshmukh
                                               ...


                                          CORAM : SACHIN S. DESHMUKH, J.
                                             Date : 10.07.2026

              PER COURT :-

              1.           Mr. Rahul R. Sancheti, learned counsel for the

              Petitioners submits that by passage of time, the Petition is

              rendered infructuous.


              2.           Accordingly, the Writ Petition stands disposed of as

              infructuous.




                                                    (SACHIN S. DESHMUKH, J.)

              marathe

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