In a writ petition challenging a civil revision order, the Single Judge held that there is no necessity to keep the petition pending as it pertains to consolidated civil suits already decided. The court directed disposal in terms of an earlier judgment dated 25.08.2004.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Writ Petition No. 1295 of 2004(M/S)
Smt. Raksha Rani and others ………Petitioners
versus
Sri S.K. Jain and another . …Respondents
Mr. Neeraj Garg, Advocate, present for the petitioners. None is present for the respondents.
Hon’ble Sharad Kumar Sharma, J. (Oral)
On 15th December, 2004, while entertaining the writ petition, this Court granted an interim order by virtue of which the proceedings of Suit No. 192 of 1999, which is involved in the instant writ petition was kept in abeyance. The order-sheet reveals that despite of the writ petition being entertained no steps have been taken but ultimately in pursuance to the order of this Court passed on 17.07.2017 the petitioners were directed to serve ‘dasti’ on respondent no.1. The requisites were provided by the Registry on 24.07.2017 and Mr. Neeraj Garg, learned counsel for the petitioners submits that an effort was made to serve upon the respondent no.1 but it could not be served. Rather a report has come that he is not residing at the given address. Mr. Neeraj Garg has placed an affidavit of service on record during the course of the argument of the writ petition. The same is taken on record.
2
3
petitioners have attained finality and the same has not been questioned before any superior court.
(Sharad Kumar Sharma, J.) 25.07.2017
Nahid
4
1 issue framed by the court
Whether the writ petition regarding the challenged revision order deserves to remain pending.
Smt. Raksha Rani and others
Sri S.K. Jain
Sharad Kumar Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
