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Bombay High Court

VIVEKANAND RAMKRISHNA GUNDEWARversusTHE PRESIDENT NANDED TOWN MARKET AREA HOUSING BUILDING CO OPERATIVE SOCIETY LTD NANDED

Disposal
DISPOSED OFF

Holding

The writ petition was dismissed as infructuous because the underlying appeals had been dismissed.

Summary

The petitioner, Vivekanand Ramkrishna Gundewar, filed a writ petition before the Bombay High Court challenging the actions of the President of Nanded Town Market Area Housing Building Co‑operative Society Ltd. The petitioner relied on an order dated 04‑12‑2023 passed by the Joint Charity Commissioner, Chhatrapati Sambhajinagar Region, which dismissed Appeals Nos. 36 and 54 of 2019. The Court observed that since those appeals were dismissed, there was nothing left for consideration in the present writ petition. Consequently, the Court held that the petition could not proceed and was infructuous. The writ petition was therefore disposed of without any further order.

Issues considered

  • Whether the writ petition is maintainable when the relief sought has already been denied by the dismissal of the underlying appeals

Subjects

  • writ petition
  • infructuous
  • appeal dismissal
  • jurisdiction
  • co‑operative society

Judgment

2026:BHC-AUG:768
                                                      1                           940 WP 703-2020.odt




                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      BENCH AT AURANGABAD

                                    940 WRIT PETITION NO. 703 OF 2020

                          VIVEKANAND RAMKRISHNA GUNDEWAR
                                       VERSUS
              THE PRESIDENT NANDED TOWN MARKET AREA HOUSING BUILDING
                           CO OPERATIVE SOCIETY LTD NANDED

                                               …
             Mr. Ganesh A. Gadhe – Advocate for Petitioner
             Mr. S.G. Rudrawar – Advocate for Respondent
                                               …

                                       CORAM           : SIDDHESHWAR S. THOMBRE, J.
                                       DATE            : 08.01.2026

             PER COURT :
             1.       Learned Counsel for the petitioner places on record the copy of the

             order         dated   04.12.2023     passed   by   the   learned    Joint    Charity

             Commissioner,          Chhatrapati     Sambhajinagar      Region,      Chhatrapati

             Sambhajinagar, in Appeal Nos.36 and 54 of 2019 whereby both the

             appeals came to be dismissed. Therefore, nothing survives for

             consideration in the present petition.


             2.       In view thereof, the Writ Petition is disposed of as infructuous.



                                                            [ SIDDHESHWAR S. THOMBRE ]
                                                                      JUDGE


             Pooja Kale/


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