The High Court dismissed the revision petition as infructuous because the main suit had been finally decreed and an appeal was pending in the appellate court, rendering the interim order subservient. Pending applications were also disposed off.
The revision petition was dismissed as infructuous; pending applications were disposed off.
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R-822
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CR-2953-2012 (O&M) Date of Decision : 13.02.2023
Surjit Kaur ....Petitioner
VERSUS
Rajinder Kaur ....Respondent
CORAM : HON’BLE MRS. JUSTICE ALKA SARIN
Present : Ms. Deepali Puri, Advocate for the petitioner.
Mr. Ankush Singla, Advocate for respondent No.1. None for respondent No.2.
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ALKA SARIN, J. (Oral)
Learned counsel for respondent No.1 has pointed out that the present revision petition has since been rendered infructuous inasmuch as the main suit stands decreed vide judgment and decree dated 20.01.2018 and that an appeal preferred by the petitioner herein is pending before the First Appellate Court.
The present revision petition has been filed challenging the order dated 04.02.2012 whereby the application under Order 39 Rules 1 and 2 CPC was partly allowed.
In view of the fact that the main suit itself stands decided, the present revision petition is dismissed as having been rendered infructuous. Pending applications, if any, also stand disposed off.
February 13, 2023 (ALKA SARIN) tripti JUDGE NOTE : Whether speaking/non-speaking : Speaking Whether reportable : YES/NO
TRIPTI SAINI 2023.02.14 10:42 I attest to the accuracy and integrity of this document Chandigarh
1 issue framed by the court
Whether the present revision petition challenging an interim order is maintainable after the impugned suit has been decided and an appeal is pending.
Surjit Kaur
Rajinder Kaur
Alka Sarin
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
