WPMS/942/2017
2022 Latest Caselaw 1575 UK

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                                  WPMS No. 942 of 2017
                                  Hon'ble Manoj Kumar Tiwari, J.

Mr. Bharat Tewari, Advocate for the petitioner.

There is no representation for the respondents.

Petitioner filed Civil Suit No. 24 of 2016 before learned Civil Judge (Junior Division), Almora. He also filed temporary injunction application in the said suit, which was rejected by learned trial Court. Petitioner challenged the order of rejection passed by learned trial Court by filing Misc. Civil Appeal before learned District Judge, Almora, which too was dismissed. Thus, feeling aggrieved by the order passed by learned trial Court as well as Appellate Court, petitioner filed this writ petition.

No interim order was passed in this writ petition.

                                        Today,      during    the    course    of
                                  arguments,      learned    counsel     for  the

petitioner submits that petitioner's suit has been dismissed by learned trial Court vide judgment dated 14.11.2018.

Since petitioner had filed Appeal against refusal of temporary injunction to him and now the suit itself has been dismissed, therefore, the relief, as claimed in the writ petition, does not survive.

Accordingly, the writ petition is dismissed as infructuous.

(Manoj Kumar Tiwari, J.) 21.05.2022 Arpan