Allahabad High Court
RAKESH KUMAR GARGversusUMESH KUMAR MITTAL AND 2 OTHERS
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The writ petition was dismissed as infructuous because the underlying suit had been withdrawn.
Summary
Petitioner Rakesk Kumar Garg filed a writ petition under Article 227 challenging an order in Original Suit No.06 of 2013. The petitioner produced a certified copy of the order, but the underlying suit had been withdrawn by order dated 12 September 2026. The Court held that the withdrawal of the suit rendered the writ petition infructuous. Consequently, the petition could not be entertained and was dismissed as infructuous.
Issues considered
- Whether a writ petition under Article 227 remains maintainable when the substantive suit on which it is based has been withdrawn
Legislation cited
- Constitution of India — s. Article 227
Subjects
- Article 227
- writ petition
- infructuous
- withdrawal of suit
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 6865 of 2017
Rakesh Kumar Garg
.....Petitioner(s)
Versus
Umesh Kumar Mittal And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Pankaj Kumar Govil, Ravi Bala
Counsel for Respondent(s) : Hari Nath Tripathi
Court No. - 9
HON'BLE ROHIT RANJAN AGARWAL, J.
1. Learned counsel for petitioner has placed before the Court certified
copy of the order passed in Original Suit No.06 of 2013 filed by the
plaintiffs-respondents, which has been withdrawn by order dated
12.09.2026.
2. As the suit itself has been withdrawn, writ petition has become
infructuous and the same stands dismissed as infructuous.
(Rohit Ranjan Agarwal,J.)
September 30, 2026
SK Goswami
Digitally signed by :-
SHIVAKANT GOSWAMI
High Court of Judicature at Allahabad
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