WPMS/2657/2011
2021 Latest Caselaw 2977 UK

IN THE HIGH COURT OF UTTARAKHAND
           AT NAINITAL
         ON THE 10TH DAY OF AUGUST, 2021
                         BEFORE:
 HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI
     WRIT PETITION (M/S) NO. 2657 OF 2011
BETWEEN:
Devi Prasad & others                        ... Petitioners
      (By Mr. Tapan Singh, Advocate)

AND:
Gulab Sharma                                ... Respondent
      (By Mr. P.C. Bisht, Advocate)

                       JUDGMENT

1. This writ petition has been filed by the petitioners, who are defendants in Original Suit No. 323 of 2008 against the order dated 25.02.2010 passed by learned trial court, whereby temporary injunction was granted in favour of the plaintiff.

2. Against the said order, petitioners filed Miscellaneous Civil Appeal No. 40 of 2010, which too was dismissed. Thus, feeling aggrieved, petitioners have approached this Court.

3. Heard learned counsel for the parties and perused the record.

4. Mr. Tapan Singh, learned counsel appearing for the petitioners submits that the Original Suit No. 323 of 2008 itself has been decided.

5. Since, this writ petition has been filed against the interlocutory order passed by learned trial court, therefore, in view of the subsequent

development, the writ petition has now become infructuous.

6. Accordingly, the writ petition is dismissed as infructuous.

(MANOJ KUMAR TIWARI, J.) Aswal