The Court dismissed the writ review petition as infructuous because the underlying civil suit between the parties had already been finally decided by date of a final order passed by the civil court.
Writ review petition and stay petition dismissed as infructuous.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Writ Review No. 143 / 2013
Laxman Singh, Adopted son of Late Shri Hukam Singh, alias Shri Bhanwar Singh, through his Legal Representatives :-
All by caste Bidawat Rajput, Resident of Near Malasi mandir, Village Malasi, Tehsil Sujangarh, District Churu
----Petitioner
Versus
Smt. Suraj Kanwar W/o Shri Mahaveer Singh, By caste Rajput Rajawat, Resident of Village Dhaturi, Tehsil Niwai, District Tonk.
----Respondent
For Petitioner(s) : Mr. Arpit Bhoot
For Respondent(s) : Mr. Alkesh Agarwal
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
12/09/2017
This writ review petition has been filed by the
plaintiff/petitioner with a prayer for reviewing the judgment dated 04.10.2013 passed by this Court in S.B. Civil Writ Petition No.4294/2008 (Laxman Singh Vs. Smt. Suraj Kanwar).
Learned counsel for the defendant/respondent has submitted that this writ review petition has become infructuous as the suit pending before the civil court between the parties has already been decided finally on 23.05.2017.
Learned counsel for the plaintiff/petitioner has submitted
(2 of 2)
[WRW-143/2013]
that since the plaintiff/petitioner has sought some clarification in the order dated 04.10.2013 passed by this Court in S.B. Civil Writ Petition No.4294/2008 (Laxman Singh Vs. Smt. Suraj Kanwar) through this writ review petition, the final decision of the suit will not effect the merits of this writ review petition.
Having heard learned counsel for the parties and in the facts and circumstances of the case, this Court is of the opinion that once the suit pending between the parties is finally decided by the civil court, this writ review petition is liable to be dismissed as having become infructuous.
Hence, this writ review petition is dismissed as having become infructuous.
The plaintiff/petitioner will be free to raise all his grounds before the appropriate forum.
Stay petition also stands dismissed.
(VIJAY BISHNOI)J.
Abhishek Kumar S.No.93
1 issue framed by the court
Whether the writ review petition became infructuous upon final determination of the pending suit.
Laxman Singh
Smt. Suraj Kanwar
VIJAY BISHNOI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
