Petitioner seeking to set aside a lower court order under Article 227. Court found matter infructuous due to efflux of time and parties' disinterest, dismissing the petition with liberty for recall.
Petition dismissed with liberty to file application for recall within two months if matter survives.
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Court No. - 4
Case :- MATTERS UNDER ARTICLE 227 No. - 115 of 2006
Petitioner :- Vinod Kumar Sharma Respondent :- Civil Judge J.D. City Varanasi And Others Counsel for Petitioner :- Ajai Sharma Counsel for Respondent :- S.C.
Hon'ble Prakash Padia,J.
List has been revised but nobody is present on behalf of the petitioner.
The petitioner has preferred present petition with the main relief to set aside the order dated 21.3.2006 passed by Civil Judge (J.D.) City Varanasi in Original Suit No.137 of 2006.
From perusal of the record, it appears that by efflux of time either the parties have lost their interest or matter has become infructuous.
In the circumstances, it is needless to keep pending this petition.
Accordingly, petition is dismissed with liberty to file application for recall of this order within two months in case matter still survives if such an application is filed it need not be accompanied by any affidavit.
Order Date :- 25.8.2021
Pramod Tripathi
Vinod Kumar Sharma
Civil Judge J.D. City Varanasi
Prakash Padia
As recorded by the court registry
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