Allahabad High Court
KM. JYOTSANA UPADHAYA AND ANOTHERversusNEW INDIA ASSURANCE CO. LTD. THROUGH ITS LOCAL DIVISIONAL MANAGER AND 3 OTHERS
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The writ petition is dismissed as infructuous because of the efflux of time.
Summary
Petitioners Jyotsana Upadhaya and another filed a writ petition (Writ No. 110 of 2023) before the Allahabad High Court against New India Assurance Co. Ltd. The petition sought relief, but during the hearing counsel for the petitioners informed the court that the petition had become infructuous due to the passage of time. The court accepted this submission and held that the petition could no longer be entertained. Consequently, the writ petition was dismissed as infructuous. No substantive merits of the claim were examined.
Issues considered
- Whether a writ petition that has become infructuous by reason of delay can be entertained by the court
Subjects
- writ petition
- delay
- infructuous
- Allahabad High Court
- civil procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 110 of 2023
Km. Jyotsana Upadhaya And Another
.....Petitioner(s)
Versus
New India Assurance Co. Ltd. Through Its Local
Divisional Manager And 3 Others .....Respondent(s)
Counsel for Petitioner(s) : Gopal Misra
Counsel for Respondent(s) : Arun Kumar Shukla, Arvind Kumar
Court No. - 9
HON'BLE ROHIT RANJAN AGARWAL, J.
1. Sri Rahul Verma, Advocate, holding brief of Sri Gopal Misra, learned
counsel for petitioners, states that present writ petition has become
infructuous by efflux of time.
2. In view of the statement, so made, writ petition is dismissed as
infructuous.
(Rohit Ranjan Agarwal,J.)
September 23, 2026
Shekhar
Digitally signed by :-
SHASHI SHEKHAR PANDEY
High Court of Judicature at Allahabad
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