A petition challenging an interim order in a dismissed civil suit was found infructuous as the original suit and appeal were already dismissed. The petitioner confirmed the dispute resolution, leading to the dismissal of the petition.
The petition and the pending application were dismissed as they became infructuous.
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BHUSHAN GUPTA ..... Petitioner Through: Petitioner in person.
versus
NORTH DELHI MUNICIPAL CORPORATION & ORS
..... Respondents Through: Ms. Renu Gupta, Advocate for R-1. CORAM: HON'BLE MR. JUSTICE R.K.GAUBA
O R D E R % 08.02.2018
The petitioner herein is one of the legal heirs of the original plaintiff Jagdish Rai Jain since deceased, in civil suit No. 332/08/06, brought against the respondent North Delhi Municipal Corporation, the second and third respondents herein being the other legal heirs. The petition was filed to bring a challenge to interim order dated 02.03.2015 of the Additional Senior Civil Judge in seisin of the case at the stage of recording of evidence.
The learned counsel for the first respondent points out that the civil suit from which the present proceedings arise has already been dismissed and the appeal (RCA No.96/2017) brought against the said order was also dismissed by the court of Additional District Judge on 23.01.2018. She placed on record a copy of the said order of the first appellate court.
CM(M) 306/2015
Page 1 of 2
In the above facts and circumstances, as per her submissions, the petition has become infructuous.
The matter was taken up in its turn in the morning but the petitioner sought deferment as his counsel was not immediately available. When it is taken up again at 3.30 P.M., the petitioner submits his counsel is not available. On being asked, he confirms the above submissions of the counsel for the respondent as to the result of the case and of the first appeal.
In the above facts and circumstances, the petition is rendered infructuous. The petition and the pending application are dismissed accordingly.
R.K.GAUBA, J
FEBRUARY 08, 2018 srb
CM(M) 306/2015
Page 2 of 2
Bhushan Gupta
North Delhi Municipal Corporation
R.K. Gauba
As recorded by the court registry
A petition under Article 227 of the Constitution invoking the High Court's supervisory jurisdiction over subordinate civil courts.
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