Patna High CourtCWJC/5793/2012disposed

Md.Nisar @ Md.Nisaruddin v. Md.Afsar And ORS

2023-02-13Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5793 of 2012 ====================================================== Md. Nisar Md. Nisaruddin son of Md.Alimuddin Resident of villageBakarpur, Police Station- Mufassil, District- Munger. ... ... Petitioner/s

Versus

1. Md. Afsar son of Md. Salim Resident of village- Bakarpur, P.S. Mufassil Munger, District-Munger

2. Aurangzeb @ Aurangaib

3. Md. Zabir @ Md. Jabir

4. Md. Manzoor All son of Md. Alimuddin, Resident of village-Bakarpur, P.S.-Mufassil, District-Munger .. ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sajid Salim Khan For the Respondent/s :

Mr.Raj Kumar Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 13-02-2023 The present writ petition has been filed challenging the order dated 18.10.2008, passed by the learned Additional District Judge, Fast Track Court III Munger in Probate Case No. 12/2002, whereby and whereunder though the prayer of the petitioner for getting the signature re-examined by another handwriting expert has been allowed, however, a cost of Rs. 500/- has been awarded against the petitioner on account of the petitioner having made such prayer at a stage when the case had been fixed for final argument.

It is fairly admitted that now, much water

Patna High Court CWJC No.5793 of 2012(3) dt.13-02-2023 2/2 has flown, since the passing of the impugned order dated 18.10.2008 and the cost awarded by the learned trial court being trivial in nature, the present writ petition has probably lost its efficacy, thus, it is submitted that the present writ petition be disposed off, however, without prejudice to the rights and contentions of the petitioner.

Accordingly, the present writ petition stands disposed off as having lost its efficacy on account of efflux of time, however without prejudice to the rights of the petitioner.

(Mohit Kumar Shah, J) Ajay/- U