1. The application is taken out by original respondent No.2 in Special Civil Application No.13084 of 2008. The applicant has prayed for below mentioned relief:
"9(B) Your Lordships may be pleased to vacate the interim relief granted by this Hon'ble Court vide order dated 18.11.2008 in Special Civil Application No.13084 of 2008;"
2. During the hearing it has emerged from the joint submissions by the learned advocates for the contesting parties i.e. present applicant (original respondent in SCA 13084 of 2011) and present opponent (original petitioner in said SCA 13084 of 2011) that the suit proceedings being Civil Suit No.2430 of 2009 have been determined by the trial Court by order dated 29.07.2011. By the said order the learned trial Court has not accepted the original petitioner's contention that he is tenant of the premises in question. The learned advocates have also submitted that the said decision of the trial Court is challenged by the petitioner by way of First Appeal No.2536 of 2011 and that the said First Appeal is admitted and in the accompanying Civil Application No.9305 of 2011 the Appellate Court has granted interim relief by order dated 30.02.2012. By the said order the possession of the permission in question in the hands of original petitioner i.e. present opponent, is protected.
3. In that view of the matter the relief prayed for by the applicant in present application cannot be granted.
4. The learned advocate for the applicant has fairly accepted that in view of the order passed in Civil Application No.9305 of 2011 in First Appeal No.2536 of 2011 the relief prayed for in present Civil Application does not survive and now it is rendered infructuous.
Accordingly, present application is disposed of as infructuous.
(K.M.THAKER, J.) jani Top