Ram Milan vs Radhey Shyam
2022 Latest Caselaw 11204 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 8
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 6134 of 2017
 

 
Petitioner :- Ram Milan
 
Respondent :- Radhey Shyam
 
Counsel for Petitioner :- Sushil Kumar Rastogi
 
Counsel for Respondent :- Vimal Kishore Verma
 

 
Hon'ble Abdul Moin,J.

Heard learned counsel for the petitioner and Sri Vimal Kishore Verma, learned counsel appearing for the sole respondent.

Instant petition has been filed praying for setting aside the judgment and order dated 08.02.2017 passed in Civil Revision No. 71 of 2016 Inre; Radhey Shyam Vs. Ram Milan passed by Additional District Judge/Special Judge, Kheri. By the said order, the revisional Court had accepted the revision and had remitted the matter to the Court below for deciding the application no. 39 Gha.

Sri Vimal Kishore Verma, learned counsel appearing for the respondent no. 1 informs that subsequent to the order of the revisional Court dated 08.02.2017, the Court below has passed an order dated 05.09.2017 on the application no. 39 Gha, a copy of the said order has been filed as annexure CA 9 to the counter affidavit. He also contends that against the said order, a revision has again been filed by the petitioner namely revision number. 64 of 2017 and thus for all practical purpose, the petition has been rendered infructuous.

Considering that in pursuance to the order dated 08.02.2017, the Court below has already passed an order on the application no. 39 Gha against which a revision has already been filed as such, it is apparent that for all practical purpose the instant petition has been rendered infructuous. Accordingly, the petition is dismissed as infructuous.

Order Date :- 24.8.2022

Pachhere/-