WPMS/2248/2012
2023 Latest Caselaw 3460 UK

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                              WPMS No. 2248 of 2012
                              Hon'ble Manoj Kumar Tiwari, A.C.J.

                                    Mr. B.S. Kathayat, Advocate, holding
                              brief of Mr. Siddhartha Sah, Advocate for the
                              petitioners.

                              2.   There   is         no   representation             for
                              respondents.

3. This writ petition is directed against an interlocutory order dated 03.01.2008 passed by learned Civil Judge (Junior Division), Ramnagar, District Nainital. Petitioners had also challenged the judgment rendered by learned Additional District Judge, Nainital in Civil Revision No. 04 of 2008, whereby their revision petition against the order passed by Trial Court was dismissed.

4. Learned counsel appearing for petitioners submits that Civil Suit No. 50 of 2007 has been decreed in favour of plaintiffs against which an appeal under Section 96 CPC was preferred by the defendants, which was dismissed and the matter is now pending before this Court in a Second Appeal. Thus, he submits that the writ petition has become infructuous.

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

(Manoj Kumar Tiwari, A.C.J.) 20.11.2023 Navin