WPMS/1244/2012
2021 Latest Caselaw 3509 UK

IN THE HIGH COURT OF UTTARAKHAND
                    AT NAINITAL
     ON THE 7TH DAY OF SEPTEMBER, 2021
                         BEFORE:
 HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI


    WRIT PETITION (M/S) No. 1244 of 2012

BETWEEN:

Ravindra Brahmachari
Disciple Hans Raj Ji Maharaj.                ..........Petitioner
     (By Mr. Tapan Singh, Advocate)

AND:
Sachha Vedic Sansthan.                        ...Respondent
     (By Ms. Sunaina Kothari, Advocate, holding brief of Mr.
     Siddhartha Sah, Advocate)


                       JUDGMENT

This petition under Article 226 of Constitution of India has been filed by the defendant in Original Suit No. 06 of 2012, which was pending before learned Civil Judge (Junior Division), Narendra Nagar, District Tehri Garhwal. Petitioner was aggrieved by the order dated 14.06.2012 passed by learned District Judge, Tehri Garhwal, in Appeal filed by the respondent under Order 43 Rule 1 (r) C.P.C., whereby the order dated 11.04.2012 passed by learned trial Court, refusing to grant temporary injunction, was set aside and defendant in the suit (petitioner herein) was restrained from interfering with the affairs of the plaintiff society.

2. Learned counsel for respondent has apprised the Court that Original Suit No. 06 of 2012 itself has been decreed on 02.09.2021.

3. Learned counsel for the petitioner also does not dispute the submission so made by learned counsel for the respondent.

4. Since the suit itself has been decided, therefore, this writ petition, directed against an interlocutory order, has become infructuous.

5. In such view of the matter, the writ petition is dismissed as infructuous.

(MANOJ KUMAR TIWARI, J.) Arpan