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Bombay High CourtIA/2130/2024dismissed

Shree Om Sai Co-Op.Hsg. Soc. v. The State Of Maharashtra

2026-02-25Hon'Ble Smt. Justice Bharati Dangre , Hon'Ble Justice Smt Manjusha Ajay Deshpande2 pages

1/2 3 IA-2130-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO. 2130 OF 2024 IN WRIT PETITION (L) NO.4365 OF 2023 Shree Om Sai Co-OP. HSG. SOC.

..

Applicant

Versus

The State of Maharashtra ..

Respondent ...

Mr. Kunal Phoole for the Applicant.

Mr. S.B. Gore, AGP for the State.

CORAM: BHARATI DANGRE & MANJUSHA DESHPANDE, JJ.

DATED : 25th FEBRUARY, 2026 P.C:- 1.

Interim Application No. 2130 of 2024 seeks restoration of the Writ Petition (L) No.4365 of 2023, which was dismissed for nonremoval of office objections in the wake of the notice issued by the Prothonotary and Senior Master, directing removal of office objections within a stipulated time and by indicating that, if there is a failure to do so, the Petition would stand automatically dismissed and interim relief, if any, shall stand vacated without further reference to the Court.

2.

We have heard the learned counsel for the Applicant and perused the application, which seeks restoration of the Petition. We have also heard the learned AGP representing the State, who has invited our attention to the relief sought in the Writ Petition, which Ashish

2/2 3 IA-2130-2024.doc was dismissed as above, and we have perused the prayer clauses in the Petition.

From the perusal, it can be noted that the Petition sought a direction to the Respondent No.4, i.e., the Administrator of Juhu Taj SRA Co-Operative Housing Society, to cancel, revoke, and terminate the election proposed to be conducted on 19/02/2023. The ancillary reliefs, in support of the main relief, included directions to remove the name of the illegal occupants from the election list published by Respondent No.4, annexed as Exhibit-D. 3.

We are informed that the election is conducted on 19/02/2023. In the wake of the aforesaid, according to us, nothing survives in the Petition itself for its adjudication, as the relief sought therein cannot be granted as in 2026, since the election for Shree Om Sai Cooperative Housing Society has already been conducted. We do not deem it necessary to restore the Petition and dismiss the Interim Application.

(MANJUSHA DESHPANDE, J.) (BHARATI DANGRE, J.) Ashish