Kalu Ram S/O Shri Kana Ram vs Dhukalram Son Of Shri Nathuram , ...
2023 Latest Caselaw 6236 Raj/2

[2023:RJ-JP:31234]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

               S.B. Civil Writ Petition No. 9506/2019

Kalu Ram S/o Shri Kana Ram, Aged About 62 Years, R/o Nangal
(Abhaypura), Tehsil Dantaramgarh, District Sikar (Raj)
                                                                   ----Petitioner
                                    Versus
Dhukalram Son Of Shri Nathuram, R/o Nangal (Abhaypura),
Tehsil Dantaramgarh, District Sikar (Raj)
                                                                 ----Respondent

For Petitioner(s) : Mr. Manvendra Singh Choudhary for Mr. Vijay Singh Yadav For Respondent(s) : Mr. Vikram Singh Mr. Anil Kumar Mr. Akshay Sharma, AGC

HON'BLE MR. JUSTICE GANESH RAM MEENA

Judgment / Order

20/10/2023

1. This writ petition has been filed by the petitioner assailing

the order dated 27.04.2019 passed by Civil Judge (Sr. Division),

Dataramgarh, District Sikar in Civil Suit No.9/2014, whereby the

application for interim order for getting opened the way, was

allowed.

2. Counsel for the respondent submits that the present petition

has been filed assailing the interim order passed in a civil suit and

after filing of this petition, the original civil suit has already been

disposed vide judgment dated 30.09.2022 and therefore, the

present writ petition has become infructuous.

3. Counsel for the petitioner is not in a position to controvert

this fact and prayed for some time to seek instructions from the

petitioner.

[2023:RJ-JP:31234] (2 of 2) [CW-9506/2019]

4. Taking into consideration the submissions made by counsel

for the respondent that the original suit has already been disposed

of vide judgment dated 30.09.2022, the present writ petition is

dismissed as having become infructuous.

5. Since the main petition has been dismissed, all other

pending applications, if any, also stand dismissed.

6. However, the petitioner would be at liberty to move an

appropriate application for revival of the writ petition, if the

statements made by counsel for the respondent is found incorrect.

(GANESH RAM MEENA),J

ARTI SHARMA /348

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