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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
K. Sreenivasa Reddy, J.
Smt. S.V.V. Prameela Rani w/o. Sri S.V. Nageswara Rao – Petitioner
Versus
M/S. Rednam Surya Rao and Dharma Rao Charities represented by its Secretary and ors. – Respondent
Civil Revision Petition No. 747 of 2023
Decided On : 01-02-2024
Infructuous - Civil Revision Petition - The court dismissed the Civil Revision Petition as infructuous after the execution of the delivery warrant in the E.P. resulted in its closure.
Fact of the Case:
The Civil Revision Petition was filed against the Order dated 21.02.2023 in E.A.No.37 of 2019 in E.P.No.22 of 2016 in R.C.C.No.49 of 1999.
Finding of the Court:
The Court found that since the E.P. had been closed as satisfied, the Civil Revision Petition had become infructuous and consequently dismissed it. No costs were awarded.
Issues:
Ratio Decidendi: The execution of the delivery warrant resulting in the closure of the E.P. rendered the Civil Revision Petition infructuous.
Final Decision: The Civil Revision Petition was dismissed as infructuous. No costs were awarded.
JUDGMENT :
This Civil Revision Petition has been filed aggrieved by the Order, dated 21.02.2023 in E.A.No.37 of 2019 in E.P.No.22 of 2016 in R.C.C.No.49 of 1999 on the file the learned IV Additional Junior Civil Judge-cum- Rent Controller at Visakhapatnam and consequently to set-aside the order, dated 21.02.2023.
2. Today when the matter is taken up for hearing, it is brought to the notice of this Court that on 06.12.2023, an order has been passed by the Court below which reads as follows:
3. When the E.P. has been closed, the Civil Revision Petition would automatically become infructuous. Accordingly, the Civil Revision Petition is dismissed as infructuous. No costs.
4. As a sequel thereto, the miscellaneous petitions, if any, pending in this Civil Revision Petition shall stand closed.
A Civil Revision Petition is rendered moot if the underlying Execution Petition has been closed, underscoring the necessity for legal actions to be based on current and active matters.
Execution proceedings already concluded render further judicial review of the underlying order infructuous and subject to dismissal.
Court dismisses a civil revision petition as infructuous when the underlying proceedings have been closed.
A court will dismiss a revision petition as infructuous when the counsel for the petitioner informs the court that the relief sought is no longer necessary or actionable.
Revision petitions become infructuous upon disposal of the main suit.
Court determined the revision petitions as infructuous following the restoration of the initial suit, closing all related petitions without further adjudication.
A civil revision petition becomes infructuous and is liable to be closed when the parties report that the underlying dispute has been settled out of court.
Closure of execution renders obstruction petition infructuous; liberty granted for fresh petition under Order 21 Rule 35 CPC.
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