The High Court of Rajasthan allowed a respondent's application declaring the Writ Petition infructuous since the underlying suit had been decided by the trial court during the petition's pendency. Consequently, the Writ Petition was dismissed.
Application bearing No.9209 allowed; Writ Petition dismissed as infructuous.
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN, JAIPUR BENCH, JAIPUR
O R D E R
S.B. Civil Writ Petition No.900 of 2007
Daula Ram son of Shri Dalu Ram
VERSUS
Civil Judge (Senior Division) Fatehpur Shekhawati, Sikar & Ors.
Date of Order :::: March 4rd , 2010
Hon'ble Mr. Justice Dalip Singh
None present for the petitioner Mr. Prashant Joshi, on behalf of Mr. Mahendra Goyal, Counsel for the respondents
: By the Court
The respondents had moved an application bearing No.9209 stating therein that the writ petition has become infructuous.
Learned counsel appearing for the respondents has submitted that the writ petition was filed challenging the order passed on the application, Annexure-1 under Order 1 Rule 10 C.P.C.
It has been submitted by the learned counsel that during the pendency of this petition the suit itself has been decided by the learned trial Court, as such this writ petition has become infructuous.
None has appeared on behalf of the petitioner.
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The application bearing No.9209 stands allowed
and disposed of.
The writ petition is accordingly dismissed as having
become infructuous.
(Dalip Singh), J.
Ashok/
1 issue framed by the court
Whether the writ petition challenging an order under Order 1 Rule 10 CPC has become infructuous due to the suit being decided by the trial court.
1 provisions across 1 enactments
Daula Ram son of Shri Dalu Ram
Civil Judge (Senior Division) Fatehpur Shekhawati, Sikar & Ors.
Dalip Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
