Allahabad High Court
Nawab Hussain And 9 Others vs Mohd. Yusuf And 50 Others on 27 April, 2026
HIGH COURT OF JUDICATURE AT ALLAHABAD
Neutral Citation No. - 2026:AHC:94299
HIGH COURT OF JUDICATURE AT ALLAHABAD
FIRST APPEAL FROM ORDER No. - 2633 of 2015
Nawab Hussain And 9 Others
.....Appellant(s)
Versus
Mohd. Yusuf And 50 Others
.....Respondent(s)
Counsel for Appellant(s)
:
Akanksha Mishra
Counsel for Respondent(s)
:
Lalit Kumar
Court No. - 39
HON'BLE ABDUL SHAHID, J.
1. Sri Lalit Kumar, learned counsel for respondent nos. 1 to 51, has placed the mention slip on record to demonstrate that Ms. Akanksha Mishra, learned counsel for the appellants, had already been informed about the matter being taken up out of turn upon a mention being made before this Court. Despite the same, none has appeared on behalf of the appellants.
2. The present FAFO arises out of Original Suit No. 644 of 1999 [New Original Suit No. 791 of 2018 (Abdul Hasan (since deceased) through legal heirs, Smt. Afroz Fatma and others vs. Ashok Kumar and others)].
3. Learned counsel for the respondents submits that Application No. 289-C was filed by respondent no. 1 and others, which was allowed by the learned Trial Court. Consequently, the order of status quo dated 29.11.1999 was set aside, as no justification remained for its continuance. Accordingly, Application No. 289-G was finally disposed of vide order dated 05.10.2015.
4. Learned counsel for the respondents has also filed a supplementary affidavit dated 18.01.2026, along with relevant documents, including the final judgment and order dated 29.10.2024, whereby Original Suit No. 644 of 1999 [New Original Suit No. 791 of 2018] has been dismissed on merits by the learned Additional Civil Judge (Senior Division), Court No. 2, Moradabad.
5. It has further been submitted that since the aforesaid original suit has already been decided on merits, all interim orders, if any, passed during the pendency of the suit stand merged into the final judgment. Hence, the present FAFO has rendered infructuous.
6. In view of the above, this Court finds substance in the submissions advanced by the learned counsel for the respondents. Accordingly, the FAFO is liable to be dismissed as infructuous and is, hereby, dismissed as such.
(Abdul Shahid,J.) April 27, 2026 M. Tarik