IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Stay Application No.1500 of 2010 In Writ Petition No. 324 of 2010 (M/S) Sohan Singh S/o Sri Ratan Singh, R/o Ram Shyam Colony Gali No. 1, Ram Nagar Road, Kashipur, District Udham Singh Nagar. ……Petitioner. Versus Paramjeet Singh and others. …….Respondents. Mr. Sharad Sharma, Senior Advocate with Mr. Jitendra Chaudhary, Advocate for the petitioner. Mr. Mohd. Matloob, Advocate for the respondents. Dated: -12-04-2010 Hon’ble B.S.Verma, J. Heard learned counsel for the parties and perused the record. By means of this writ petition, the petitioner has sought a writ, order or direction to set aside the impugned 11-1-2010 annexed as annexure No. 7 to the writ petition passed by the learned Civil Judge (S.D.) Kashipur, District Udham Singh Nagar in Civil Case No. 56 of 2009 titled as Paramjeet Singh VS. Sohan Singh and others alongwith the Revisional order dated 24-2-2010 annexed as annexure No. 8 to the writ petition passed by the learned District Judge, Udham Singh Nagar in Civil Revision No.11 of 2010. By the order dated 11-1-2010 an observation was made by the trial court that the court will take decision on the application No. 42 C and objection 50 C filed, shall be decided after framing of issues. By the order dated 24-2-2010, the revision preferred against the order dated 11-1-2010 was dismissed by the Revisional court. The prayer was made in the application No. 42C that since the original power of attorney has not filed by the petitioner and the suit is not maintainable as such. 2 The application No. 42 C was made by the petitioner in which prayer was made that the plaintiffs/respondents be directed to file original power of attorney. Learned counsel for the respondent has stated at bar that in compliance of this Hon’ble Court’s order dated 16-03-2010, the original power of attorney has been filed before the court concerned by the petitioner. Since the original power of attorney had already been filed, the application 42 C stands disposed of. In view of the above facts, since the power of attorney has been filed before the trial court under the direction of this court. The application No. 42 C is now become infructuous. The writ petition is dismissed as infructuous. However, the it is made clear that the petitioner would be at liberty to file an application regarding the maintainability of suit on the other grounds, if so advised. All pending applications stand disposed of accordingly. (B.S.Verma, J.) 12-04-2010 MK