Bombay High Court
SMT. ASHY ALIAS SEEMA HARESH AHUJAversusSHRI. DEEPAK MOHANLAL AHUJA
- Decided
- Disposal
- Disposed Off
- Bench
- GAURI GODSE
Holding
The writ petition was dismissed as infructuous because the underlying civil suit had already been disposed.
Summary
The petitioners, Smt. Ashy alias Seema Haresh Ahuja, filed a writ petition challenging an order passed in Special Civil Suit No. 19 of 2011 against the respondent, Shri Deepak Mohanlal Ahuja. The impugned order was sought to be set aside, but the court clerk’s case status indicated that the civil suit had been disposed of on 26 October 2018. The High Court examined whether the writ petition could proceed when the substantive suit was already concluded. It held that since the underlying suit was already disposed, the writ petition could not achieve any relief and was therefore infructuous. Consequently, the writ petition was dismissed without further consideration.
Issues considered
- What is the effect of the disposal of the underlying civil suit on the maintainability of the writ petition?
Subjects
- writ petition
- infructuous
- civil suit disposal
- High Court of Bombay
- maintainability
Judgment
39-WP-4430-2017.docx
rrpillai IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 4430 OF 2017
Smt. Ashy Alias Seema Haresh … Petitioners
Ahuja
Vs.
Shri Deepak Mohanlal Ahuja … Respondent
None for the Petitioners
CORAM : GAURI GODSE, J.
DATE : 28th JANUARY 2026
ORDER :
1. The order impugned in the petition is passed in Special
Civil Suit No. 19 of 2011. The case status taken from the
website by the court clerk is taken on record. As per the case
status the suit is shown disposed of on 26 th October 2018.
2. The writ petition is disposed of as infructuous.
[GAURI GODSE, J.]
Digitally signed
by
RAJESHWARI RAJESHWARI
RAMESH
RAMESH PILLAI
PILLAI Date:
1/1
2026.01.29
20:24:17 +0530
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