1. The present Civil Revision Application under Section 115 of the Code of Civil Procedure has been preferred by the applicant-original defendant no. 2-Society to quash and set aside the impugned order dated 21/09/2011 below Exhs. 13 and 14 passed by the learned Judge of the City Civil Court at Ahmedabad in Civil Suit No. 1/2010 by which the learned Judge has rejected the said applications submitted by the applicant to reject the plaint in exercise of powers under Order 7 Rule 11 of the Code of Civil Procedure.
2. Today, when the present Civil Revision Application is taken up for further hearing, it has been pointed out that so far as the applicant is concerned, in view of the subsequent development of transferring the land by the applicant, the applicant has no further right, title or interest in the disputed suit land in question. It is reported that during pendency of the proceedings, the applicant has already sold the disputed suit land in question.
3. Under the circumstances, considering the decision of this Court dated 30/04/208 in Special Civil Application No. 5051/2006, it is requested not to entertain the present Civil Revision Application at the instance of the applicant, who has now no right, title or interest in the disputed suit land in question.
4. Shri Gori, learned advocate appearing on behalf of the applicant is not disputing the above. He is also not disputing that the applicant has already sold the disputed suit land in question and, therefore, he has no right, title or interest in the disputed suit land in question now.
5. Under the circumstances and considering the decision of this Court in Special Civil Application No. 5051/2006, without further entering into the merits of the case and/or expressing anything on merits with respect to the impugned order, the present Civil Revision Application, which has been filed at the instance of the applicant, who has no right, title or interest in the disputed land in question, the present Civil Revision Application is not entertained. Rule is discharged. It goes without saying that if the subsequent purchaser wants to initiate any proceedings it will be open for him as naturally the subsequent purchaser would be in the shoe of the applicant and as and when such proceedings are initiated the same shall be considered in accordance with law and on its own merits as this Court has not expressed anything on merits so far as the impugned order is concerned.
(M.R. SHAH, J.) siji