Bombay High Court

MOHAMED ALI ABDUL GAFOOR PANSARE and ANR.versusSHAHDULLA HASAN MIYA PANSARE (DECD.) and ORS.

Decided: 17 August 2026
Disposal: Disposed Off

Holding

The writ petition was held to be infructuous and was therefore dismissed, with any interim relief vacated.

Summary

The petitioners, Mohamed Ali Abdul Gafoor Pansare and another, filed a writ petition in the Bombay High Court challenging actions of the respondents. The petitioners were acting as trustees of a trust, but their tenure had expired and a new body of trustees had taken over. During the pendency of the petition, counsel for the petitioners informed the court that, because the trusteeship had ended, the substantive challenge was no longer live. The court held that the petition had become infructuous and therefore could not be entertained. Consequently, the court vacated any interim or ad‑interim relief that had been granted and disposed of the petition as infructuous. The order was digitally signed and directed that all parties act on the authenticated copy.

Issues considered

Whether a writ petition challenging the actions of trustees remains maintainable after the trustees' tenure has ended
Whether interim relief granted earlier should continue to stand when the petition becomes infructuous

Subjects

trusteeship
writ petition
infructuous
interim relief
civil appellate jurisdiction
High Court of Bombay

Judgment

                                                                        14-WP-9346-2003.doc



                                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                          CIVIL APPELLATE JURISDICTION

                                            WRIT PETITION NO. 9346 OF 2003

                      Mohamed Ali Abdul Gafoor Pansare And Anr               ...Petitioners
                                 Versus
NAVNATH
SITARAM               Shahdulla Hasan Miya Pansare (decd.) And Ors   ...Respondents
WAGHMARE                                                  ****
Digitally signed by
NAVNATH SITARAM
                      Mr. A.N. Mulla for the Petitioners.
WAGHMARE
Date: 2026.08.17      Ms. Gauri K. Jadhav a/w Ms. Sneha M. Dhatrak the Respondent
19:07:20 +0530
                      Nos. 2 to 15.
                                                          ****
                                                  CORAM : M.M. SATHAYE, J.
                                                    DATE : 17th AUGUST, 2026
                      P.C. :

                      1.          Learned counsel for the Petitioners states on instructions that
                      since the tenure of the Petitioners (Trustees) is over and new body has
                      taken over, in the interregnum during the pendency of the petition, the
                      challenge in the petition has become infructuous.
                      2.          Considering the statement, writ petition is disposed of as
                      infructuous. Interim/ ad interim relief, if any, stands vacated.
                      3.          All concerned to act on duly authenticated or digitally signed
                      copy of this order.


                                                                  (M.M. SATHAYE, J.)




                      Navnath Waghmare                                                        1

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