Virender Beniwal And ORS v. Surender Singh And ORS

$~77 * IN THE HIGH COURT OF DELHI AT NEW DELHI + FAO 141/2022 & CM APPL. 23471/2022 VIRENDER BENIWAL AND ORS .....Appellant Through:

None.

versus SURENDER SINGH AND ORS .....Respondent Through:

R-1 in person.

Mr. Harish Chand with Ms. Poonam B Sharma, Advocate for R-7.

CORAM:

HON'BLE MR. JUSTICE MANOJ JAIN

O R D E R

% 25.10.2024 1.

None appears on behalf of appellant.

2.

The challenge in the present appeal is to one order dated 09.02.2022, passed by learned Trial Court whereby an application moved by plaintiff under Order XXXIX Rule 1 and 2 of CPC was dismissed. 3.

However, it has been informed by the learned counsel for respondent that the present appeal has become infructuous and nothing is pending before the learned Trial Court anymore as the suit as such has been rejected by the learned Trial Court vide order dated 01.08.2024. 4.

An attested copy of the said order has also been placed. 5.

Since the above said suit has already been rejected, in view of the above said peculiar development, the present appeal has become infructuous and the same stands disposed of.

FAO 141/2022 1 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 29/10/2024 at 12:02:09

6.

Needless to say, at any later stage if the above said order dated 01.08.2024 is set aside, the appellant herein would be at liberty to revive the present proceedings.

MANOJ JAIN, J OCTOBER 25, 2024/sw FAO 141/2022 2 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 29/10/2024 at 12:02:09