Bhola Nath vs Ram Lakhan And 2 Others
2023 Latest Caselaw 12790 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 5
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 845 of 2019
 

 
Petitioner :- Bhola Nath
 
Respondent :- Ram Lakhan And 2 Others
 
Counsel for Petitioner :- Ram Milan Mishra,Arvind Srivastava
 
Counsel for Respondent :- Vijay Bahadur Yadav,Virendra Singh
 

 
Hon'ble Prakash Padia,J.

Order on Civil Misc. Withdrawal Application No. 13 of 2023

The present withdrawal application has been filed by the petitioner with the prayer to dismiss the present petition as withdrawn. The application is supported by an affidavit of the brother of the petitioner.

Since the parties have already entered into a compromise due to subsequent developments. It is stated in paragraph no. 2 of the affidavit that the petition in question has been filed against the judgment and order dated 16.1.2019 passed by the District Judge, Jaunpur in Civil Revision No. 169 of 2017 (Bhola Nath and others vs. Ram Lakhan). During the pendency of the aforesaid revision, an order has been passed by the Additional Civil Judge (J.D.), Jaunpur on 7.12.2022 in Original Suit No. 1029 of 1994, on the basis of compromise entered between the parties.

It is argued that since the suit has already been decided the present petition has become infructuous.

Accordingly, the present application is allowed.

Order on Petition

In this view of the above, the present petition is dismissed as having become infructuous.

Order Date :- 25.4.2023

Akbar