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[Cites 1, Cited by 6]

Madhya Pradesh High Court

Smt. Pushpa Agrawal vs Omprakash Agrawal on 7 October, 2014

                                                                 WP.3150/2012
          07.10.2014
                Shri Abhishek Bhadoriya, Advocate for the petitioner.
                Shri Harish Dixit, Advocate for the respondent No.1.

Heard.

In this petition, order dated 13.04.2012 is under challenge. Admittedly, in the meantime, the civil suit in which Annexure P/1 was decided has been finally decided. Thus, petition has rendered infructuous.

Shri Abhishek Bhadoriya submits that the order of civil court is turned down by the lower appellate court. If the plaintiff challenges it in the second appeal, liberty be given to the petitioner to file petition under Article 227 of the constitution.

Prayer is opposed by Shri Harish Dixit. I do not see any merit in the said contention. Interlocutory order under challenge has merged in the final order passed by the trial court. Petition has rendered infructuous. No liberty is required to be given.

Petition is dismissed as having rendered infructuous.

(Sujoy Paul) Judge sarathe