M/S. Acurite Contractors And ... vs Sam Higginbottom Institute Of ...
2021 Latest Caselaw 2992 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 10
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 1265 of 2021
 

 
Petitioner :- M/S. Acurite Contractors And Engineers
 
Respondent :- Sam Higginbottom Institute Of Agriculture Technology And Sciences
 
Counsel for Petitioner :- Rajesh Kumar Singh,Shubham Dwivedi
 
Counsel for Respondent :- Amit Negi
 

 
Hon'ble Prakash Padia,J.

Heard Sri Rajesh Kumar Singh, learned counsel for the petitioner, Sri Ravi Kant, learned Senior Counsel assisted by Sri Amit Negi, learned counsel for the defendant / respondent.

The petitioner has preferred the present petition, under Article 227 of the Constitution of India, inter-alia, with the following prayers:-

(I) set aside the impugned order dated 1.2.2021 passed by Civil Judge (Senior Division) Court No.14 Allahabad (contained in Annexure No.9 to this writ petition);

(II) court below to decide Misc. Case No.11 of 2018 preferred by respondent-judgment debtor on its own ground as referred in earlier order dated 26.2.2020 passed by court below in Misc. Case No.11 of 2018;

(III) issue any other writ, order or direction which this Hon'ble court may deem fit and proper in the facts and circumstances of the present case.

(IV) award the cost of present petition.

Today when the matter was taken up, it is argued by learned counsel for the respondent, that vide its order dated 19.02.2021 passed by the Civil Judge (S.D.) Fast Track Court, Allahabad, in Execution Case No.2 of 2018, application no.19-C filed in the aforesaid misc. case has been rejected.

In view of the above, it is argued by learned counsel for the petitioner that the present petition has become infructuous and the petition be dismissed as infructuous.

Accordingly, the petition is dismissed as having become infructuous.

Order Date :- 23.2.2021

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