Bombay High Court

MR. ABDUL KADAR HUSSAIN BHAI ATTAR (EXPIRED) THROUGH HIS L.R.versusBANUBAI MOHSINBHAI BHORI (SINCE DECEASED) THROUGH HER L.R.

Decided: 28 January 2026
Disposal: Disposed Off
Bench: GAURI GODSE

Holding

The writ petition is dismissed as infructuous because the underlying appeal has already been disposed of.

Summary

The petitioner filed a writ petition challenging a civil miscellaneous appeal (No. 672 of 2008) decided by the District Court. The court clerk retrieved the case status from the website, which showed that the appeal had already been disposed of. Since the subject matter of the petition was already resolved, the High Court found the writ petition to be infructuous. Consequently, the petition was dismissed without further hearing. The order reflects procedural disposal rather than a substantive adjudication on the merits.

Issues considered

Whether a writ petition challenging a civil appeal remains maintainable when the appealed order has already been disposed of

Subjects

writ petition
civil miscellaneous appeal
infructuous
disposal
procedural dismissal

Judgment

2026:BHC-AS:2669

                                                                 26-WP-7817-2016.docx


                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                             CIVIL APPELLATE JURISDICTION
     Swapnil                 WRIT PETITION NO. 7817 OF 2016
               Abdul Kadar Hussain Bhai
               Attar (Expired) Through His
               L.R.                                       …     Petitioner
                      Vs.
               Banubai Mohsinbhai Bhori
               (Since Deceased) Through Her
               L.R.                                       …     Respondent

               None for the petitioner.

                                          CORAM : GAURI GODSE, J.
                                          DATE :     28th JANUARY 2026

               ORDER :


               1.      The impugned order is passed in Civil Miscellaneous

               Appeal No. 672 of 2008 before the District Court. A copy of

               the case status of the appeal taken by the court clerk from

               the website is taken on record. The case status shows that

               the appeal is disposed of.


               2.      The writ petition is therefore disposed of as infructuous.




                                                           [GAURI GODSE, J.]



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