Petitioner sought release of funds. Respondent claimed petitioner died during pendency and claim was settled. Court disposed petition as infructuous due to abatement and satisfaction of claim.
Petition disposed of as infructuous due to abatement and satisfaction of claim.
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Sr.No. 111
HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
WP (C) No. 960/2021 CM No. 3989/2021
Nazar Hussain
….Petitioner/Appellant(s)
Through :- Mr. Achal Sharma, Advocate vice Mr. Sudershan Sharma, AAG
V/s
UT of J&K and Ors.
….Respondent(s)
Through :- Mr. Vishnu Gupta, Advocate for R-3&4
Coram: HON’BLE MR. JUSTICE SANJEEV KUMAR, JUDGE
ORDER 04.11.2022
In this petition, the petitioner has prayed for a direction to respondent Nos. 3&4 to release/reimburse the sum amounting to Rs 5,81,345 in favour of the petitioner.
On being put on notice, Mr. Vishnu Gupta, Advocate has appeared for respondent Nos. 3 & 4 and states that in settlement of claim of the petitioner, the respondent Nos. 3 &4 have already disbursed the sum of Rs 5,29,237 on 11.06.2021 which was legitimately due to the petitioner. He further submits that as a matter of fact, the writ petitioner has died during the pendency of this petition somewhere in the month of December and therefore, this petition has also abated as no steps have been taken to bring on record the LR’s of the deceased petitioner. Since the claim of the petitioner stands satisfied, there remains nothing in this petition for adjudication.
This petition, is accordingly, disposed of as having been rendered infructuous.
(Sanjeev Kumar) Judge
Jammu: 04.11.2022 Neha-1
1 issue framed by the court
Whether the claim of the petitioner, who died during pendency, has been satisfied to render the petition infructuous.
Nazar Hussain
UT of J&K
Sanjeev Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
