Patna High CourtCWJC/8686/2013disposed

Asrar Ahmad v. Md. Salauddin And ORS

2017-09-18Mr. Justice Mungeshwar Sahoo2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8686 of 2013 ====================================================== Asrar Ahmad .... .... Petitioner/s

Versus

Md. Salauddin & Ors .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rajib Ranjan Jha For the Respondent/s : Mr. Mr.Sanjay Kr. Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 18-09-2017 Heard learned counsel for the petitioner and learned counsel for the respondents.

As directed on 12.09.2017, the learned counsel for the petitioner submitted that the miscellaneous case for restoration of Title Suit No.34 of 2011/45 of 2011 has been filed. This writ application has been filed against the order dated 30.11.2012 passed in Partition Suit No.15 of 2011 whereby the application for stay of the further proceeding of this partition suit has been rejected.

Since admittedly today Title Suit No.34 of 2011/45 of 2011 has already been dismissed and miscellaneous case is pending for restoration, this writ application has become infructuous. If at all the title suit is restored then if so advised the petitioner may approach again in the court below.

Patna High Court CWJC No.8686 of 2013 (7) dt.18-09-2017 Thus, with the aforesaid direction, this writ application is disposed of.

(Mungeshwar Sahoo, J) Harish/- U