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RAJENDRA SHANKAR SHUKLA vs VIRENDRA KUMAR SHUKLA AND ORS.

Chhattisgarh High Court · Decided on 21 March 2018 · Citation: (2018) 03 CHH CK 0219

HON’BLE JUDGES
P. SAM KOSHY
RESULT
Dismissed
CASE NUMBER
WP No. 4435 of 2006
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Judgment

17 paragraphs · 322 words
1.

The present Writ Petition has been filed challenging the order passed by the learned Additional District Judge (F.T.C.), Raipur in miscellaneous civil

appeal No.02/2009 dated 27/02/2006.

2.

The facts of the case in brief is that, the civil suit original number of which was civil suit No.1-A/2002 which has since been renumbered as civil suit

No.04-A/2013 was instituted by the plaintiff seeking grant of permanent injunction. Along with the plaint they had also filed an application under Order

39 rule 1 & 2. The trial Court initially allowed the application under Order 39 rule 1 & 2 on 06/02/2003. Against the said order, a miscellaneous appeal

under Order 43 was preferred before the learned Additional District Judge, Raipur where the case was registered as miscellaneous civil appeal

No.02/2005. The said miscellaneous appeal was filed by the defendant challenging grant of temporary injunction. The miscellaneous appeal preferred

by the defendant finally stood allowed on 27/02/2006. It is this order of the Additional District Judge allowing the miscellaneous appeal on 27/02/2006

which is under challenge in the present Writ Petition.

3.

There is no representation on behalf of the petitioner since last couple of date of hearing spreading over 6 months.

4.

Today when the matter is called, again there is no representation on behalf of the petitioner.

5.

The counsel for the respondents produces a copy of judgment dated 27/09/2017 passed by the learned 7th Civil Judge, Class-1, Raipur in civil suit

No.04-A/2013. By this judgment the entire suit itself has been decided.

6.

Given the fact that the suit itself has been finally decided, the present petition which is pending before this Court challenging the miscellaneous order

passed in the miscellaneous appeal has rendered infructuous.

7.

In the light of the aforesaid factual matrix of the case particularly taking note of the fact that civil suit itself has been finally decided, the present

Writ Petition stand dismissed as having become infructuous.