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2017 Supreme(J&K) 354

B.S.WALIA
Veena Sharma – Appellant
Versus
Sudershan Saini – Respondent


Advocates Appeared:
For the Respondent: Mr. Ajay Gandotra.

JUDGMENT :

1. Instant petition under Section 104 of Constitution of Jammu and Kashmir has been filed challenging the order dated 02.03.2013 passed by the learned 1st Additional District Judge, Jammu in an appeal filed against the order dated 17.01.2013 passed by the learned 2nd Additional Munsiff Jammu dismissing the application for interim relief.

2. None is present on behalf of the petitioner despite the case having been called out twice. Instant petition is of the year 2013.

3. Learned counsel for the respondent has produced photocopy of order dated 27.07.2013 passed by the 2nd Additional Munsiff Jammu dismissing the suit on account of failure to argue the same. Learned counsel contends that the aforementioned order dated 27.07.2013 has not been challenged by the petitioner since the parties i.e. petitioner as well as the respondent herein have entered into compromise. Copy of order dated 27.07.2013 duly attested by learned counsel for the respondent is taken on record. Learned counsel contends that in the circumstances, instant petition filed under Section 104 of Constitution of Jammu and Kashmir has been rendered infructuous. Ordered accordingly.

4. Instant petition under Section

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