Bombay High Court

MAGANLAL POPATLAL CHARITY AND SARVODAYA HOSPITAL TRUST AND ORS.versusMRS. GEETA KRISHNAN AND ANR

Decided: 29 September 2026
Disposal: Disposed Off

Holding

The writ petition was dismissed as infructuous because the main suit had already been decreed.

Summary

The petitioners, Maganlal Popatlal Charity and Sarvodaya Hospital Trust, filed a writ petition in the Bombay High Court seeking relief against Mrs. Geeta Krishnan and the Brihanmumbai Municipal Corporation. No counsel appeared on behalf of the petitioners. The respondent's counsel informed the court that the substantive civil suit underlying the writ petition had been decreed in March 2025. Consequently, the writ petition was deemed to have become infructuous. The court, after noting the decree, disposed of the writ petition as infructuous, without further hearing.

Issues considered

What is the effect of a decree in the main suit on the maintainability of a pending writ petition?

Subjects

writ petition
infructuous
decree
High Court
civil appellate jurisdiction
petition dismissed

Judgment

2026:BHC-AS:39615

              Megha                                                   19_wp_9949_2014


                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  CIVIL APPELLATE JURISDICTION
                                  WRIT PETITION NO.9949 OF 2014

              Maganlal   Popatlal   Charity   and
              Sarvodaya Hospital Trust, Ghatkopar
              (West), Mumbai & Ors.                                  ...Petitioners

                                V/s.

              Mrs. Geeta Krishnan and Anr.                          ...Respondents
                                            ________________
              None for the Petitioners.
              Mr. Pranay Kothari i/b. Mr. Shailendra S. Kanetkar for Respondent No.1.
              Mr. Santosh Mali with Mr. Santosh Parad for Respondent No.2-BMC.
                                            ________________


                                                      CORAM: SANDEEP V. MARNE, J.

                                                       DATED: 29 SEPTEMBER 2026.


              P.C.:


              1)      None appears for the Petitioners.
              2)      Mr. Kothari, the learned counsel appearing for Respondent No.1,
              on instructions, submits that main Suit itself has been decreed in March-
              2025. He submits that the Petition has been rendered infructuous.


              3)      Writ Petition is disposed of as infructuous.


                                                                  [SANDEEP V. MARNE, J.]


                                                Page No.1 of 2
                                              29 September 2026
                          Megha                           19_wp_9949_2014




Signed by: Megha S. Parab
                                        Page No.2 of 2
Designation: PA To Honourable Judge   29 September 2026
Date: 29/09/2026 18:47:25

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