Bombay High Court

MS MERRYGOLD ENTERPRISESversusTHE AUTHORIZED OFFICER AND ORS.

Disposal: DISPOSED OFF
Bench: VIBHA KANKANWADI AJIT B KADETHANKAR

Holding

The petition is dismissed as infructuous because the respondents have taken possession of the property.

Summary

MerryGold Enterprises filed a writ petition before the Bombay High Court, Aurangabad Bench, challenging actions of the authorized officer and others. The petitioner argued that the respondents had taken possession of the subject matter, rendering the petition ineffective. The respondents contended that the possession taken by them made the relief sought by the petitioner moot. The Court, after hearing the counsel, held that the petition had become infructuous due to the respondents' possession. Consequently, the Court disposed of the writ petition as infructuous.

Issues considered

Whether the writ petition is infructuous because the respondents have taken possession of the subject matter?

Subjects

writ petition
infructuous
possession
Civil Procedure
High Court

Judgment

2026:BHC-AUG:18525-DB



                                                 (1)                       1062 WP 4453 OF 2026


                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     BENCH AT AURANGABAD

                               1062 WRIT PETITION NO. 4453 OF 2026

                                 MS MERRYGOLD ENTERPRISES
                                               VERSUS
                             THE AUTHORIZED OFFICER AND ORS.
                                                 ...
           Mr. A. N. Deshpande h/f. Mr. Y. S. Thorat, Advocate for the Petitioner
           Mr. Vinayak Dahihande, Advocate for Respondent Nos.1 and 2
                                                 ...
                                                 …

                                            CORAM      : SMT. VIBHA KANKANWADI AND
                                                         AJIT B. KADETHANKAR, JJ.
                                            DATE       : 23.04.2026

           PER COURT :-

           .              Learned Advocate Mr. A. N. Deshpande holding for Mr. Y. S.

           Thorat, learned Advocate submits that there are instructions that the

           respondent has taken the possession and therefore, the matter has become

           infructuous.


           2.             In view of the same, we dispose of the Writ Petition as

           infructuous.



           ( AJIT B. KADETHANKAR, J. )                 ( SMT. VIBHA KANKANWADI, J. )
           PRW

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