CR No.8371 of 2010 #1# IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CR No.8371 of 2010 Date of decision: 30.11.2011. Ram Kumar ....................Petitioner v. Jai Narain Sharma and others .....................Respondents Coram: Hon'ble Mr.Justice Jaswant Singh Present: None for the petitioner. None for Respondent no.1. Mr. Vivek Singla, Advocate for respondent nos.2 to 7. Jaswant Singh.J.(Oral) Petitioner/defendant no.7 has filed the instant revision petition under Article 227 of the Constitution for setting aside the order dated 07.12.2010 passed by Additional Civil Judge(Senior Division), Kurukshetra whereby his application under Section 10 read with Section 151 CPC was dismissed. A perusal of the paper book reveals that petitioner and other 21 shareholders of village Darra Khera had filed civil suit for declaration and permanent injunction with consequential relief whereby the decree dated 16.11.1981 and mutation number 1204 was prayed to be set aside. The said suit was dismissed against which the appeal was filed and on the date of filing of the present revision petition the said appeal was pending. It is further alleged that respondent Jai Narain Sharma who was a party to the suit filed by the petitioner and others filed another suit seeking the declaration and permanent injunction CR No.8371 of 2010 #2# with consequential relief challenging the decree dated 16.11.1981. In this backdrop petitioner/defendant no.7 filed an application under Section 10 read with Section 151 CPC for staying the proceedings in the suit filed by Jai Narain Sharma on the ground that the suit property as well as the parties to the suit were same and as such there was no need to decide the matter afresh as appeal was already pending before the Court of learned Additional District Judge, Kurukshetra. At the time of hearing today, no one has put in appearance on behalf of the petitioner. Mr. Vivek Singla, Advocate appearing for respondent nos.2 to 7 stated at bar that the appeal filed by the petitioner/defendant no.7 has been partly allowed by the learned Additional District Judge, Kurukshetra and as such the present revision petition has become infructuous. He has produced the photocopy of judgment dated 01.11.2011 passed by the learned Additional District Judge, Kurukshetra which is taken on record. In view of the aforesaid statement made by learned Counsel for respondent nos.2 to 7, present petition is disposed of as infructuous. 30.11.2011 (Jaswant Singh) joshi Judge