Bombay High Court

BAGARIA BUILDERS AND DEVELOPESversusSHRI. MANOHAR RAMCHANDRA THACKREY AND ORS

Decided: 2 April 2026
Disposal: Disposed Off
Bench: GAURI GODSE

Holding

The writ petition is dismissed as infructuous because the underlying suits have been disposed of.

Summary

The petitioner, Bagaria Builders and Developers, failed to appear before the High Court. The petitioner’s counsel did not serve the unserved respondents, and the respondent’s counsel submitted copies of orders dismissing Special Civil Suit No. 203 of 2008 and Regular Civil Suit No. 6 of 2010. These orders formed the basis of the writ petition. Since the underlying suits had already been disposed of, the court found the writ petition to be without any operative relief. Consequently, the writ petition was dismissed as infructuous.

Issues considered

What is the effect on a writ petition when the substantive civil suits on which it is based have been dismissed?

Subjects

writ petition
infructuous
civil suit dismissal
high court order
non-appearance

Judgment

                                                          6-wp-5615-2013.doc




varsha
                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                              CIVIL APPELLATE JURISDICTION
                             WRIT PETITION NO. 5615 OF 2013


         Bagaria Builders and Developers                  … Petitioner
                       vs.
         Shri Manohar Ramchandra Thackrey and Ors … Respondents
         None for the Petitioner
         Mr. Pradeep D. Dalvi for Respondent No.11.
                                         CORAM : GAURI GODSE, J.
                                          DATED : 2nd APRIL 2026


         ORDER:

         1.    None appears for the petitioner. As per the office remark,

         learned advocate for the petitioner has not taken any steps to serve

         the unserved respondents. Learned counsel for respondent no.11

         has tendered copies of orders dated 6th October 2023 and 5th July

         2024 recording dismissal of Special Civil Suit No. 203 of 2008 and

         Regular Civil Suit No. 6 of 2010. The copies of the orders are taken

         on record. The orders impugned in this petition are arising out of the

         said suits.

         2.    In view of disposal of the suits, the writ petition is dismissed

         as infructuous.

                                                          (GAURI GODSE, J.)

                                       Page no. 1 of 1

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