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Allahabad High Court

KM. JYOTSANA UPADHAYA AND ANOTHERversusNEW INDIA ASSURANCE CO. LTD. THROUGH ITS LOCAL DIVISIONAL MANAGER AND 3 OTHERS

Decided

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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