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Bombay High Court

NASRULLAH RAJABALI ANSARI AND ORSversusRAIS AHMED QURESHI AND ANR

Decided
Disposal
Disposed Off

Holding

The writ petition is dismissed as infructuous because the underlying suit has been dismissed.

Summary

The petitioners filed a writ petition challenging a civil matter, but the underlying suit was dismissed on 17 March 2026. The petitioners' counsel argued that the dismissal of the suit rendered the writ petition infructuous. The Court examined whether the petition retained any independent ground for relief after the suit's termination. Finding no such ground, the Court held that the petition could no longer be entertained. Consequently, the writ petition was dismissed as infructuous.

Issues considered

  • Whether a writ petition remains maintainable after the substantive suit on which it is based has been dismissed

Subjects

  • writ petition
  • infructuous
  • civil suit dismissal
  • maintainability
  • High Court of Bombay

Judgment

                    Sonali Mane                                                   24-WP-5972-2019.docx



                                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                           CIVIL APPELLATE JURISDICTION

                                          WRIT PETITION NO. 5972 OF 2019


                    Nasrullah Rajabali Ansari And Ors.                      … Petitioners
                             Versus

                    Rais Ahmed Qureshi And Anr.                             … Respondents



                    Mr. Sagar A. Joshi for Petitioners.
                    Ms. Pooja Malik i/b N. R. Bubna for Respondent No.2.



                                                      CORAM        : SANDEEP V. MARNE, J.

                                                      DATE         : 6 OCTOBER 2026.

                    P.C. :


                    1)            Mr. Joshi, the learned counsel appearing for Petitioners on
                    instructions submits that the suit itself has been dismissed on 17
                    March 2026.



                    2)            He submits that the Petition is rendered infructuous. Writ
                    Petition is dismissed as infructuous.



                                                                          [SANDEEP V. MARNE, J.]




        Digitally
        signed by
        MANE
MANE SONALI
SONALI DILIP
DILIP  Date:
       2026.10.07
                                                   ___Page No.1 of 1___
        11:30:59
        +0530                                         6 October, 2026


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