WPMS/2467/2011
2021 Latest Caselaw 3018 UK

IN THE HIGH COURT OF UTTARAKHAND
                   AT NAINITAL
       ON THE 11TH DAY OF AUGUST, 2021
                         BEFORE:
 HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI
     WRIT PETITION (M/S) NO. 2467 OF 2011
BETWEEN:
Umesh Chandra Kavidayal & others ... Petitioners
      (By Mr. B.D. Pande, Advocate)

AND:
Sri Mahendra Singh Yadav & others ... Respondents
      (By Mr. Ajay Singh Bisht, Advocate)

                       JUDGMENT

1. This is plaintiffs' writ petition against the order dated 24.05.2011 passed by learned trial court in Civil Suit No. 2 of 2011. By the said order, their temporary injunction application was rejected. The said order was subsequently affirmed in appeal filed by them under Order 43(1)(r) of CPC.

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

3. Learned counsel for the parties have informed the Court that the parties have entered into compromise and the Original Suit No. 2 of 2011 has also been decided in terms of the compromise arrived at between the parties. They further submit that now the writ petition has become infructuous.

4. Since this writ petition was filed against an interlocutory order, therefore, after decision in the pending suit, the cause of action does not survive.

5. Accordingly, the writ petition is dismissed as infructuous. Interim order, if any, stands vacated.

(MANOJ KUMAR TIWARI, J.) Aswal