Neutral Citation No. - 2025:AHC:45447 Court No. - 33 Case :- WRIT - C No. - 57755 of 2006 Petitioner :- Zahid And Another Respondent :- Rajendra Kaur Gill Counsel for Petitioner :- M.A. Qadeer,Mohammed Iftekhar,Shamim Ahmad Counsel for Respondent :- S.C.,B.P.Pandey,Pramod K. Gupta Hon'ble Prakash Padia,J. 1. The petitioners have preferred the present petition inter alia with the following prayer:- "i) issue a writ , order or direction in the nature of certiorari quashing the impugned orders and judgment dated 08.08.2006 passed by Additional District Judge, Court No. 1, Rampur in Civil Misc. Appeal No. 67 of 2004 contained in (Annexure-8 to this writ petition) and the order dated 10.09.2004 passed by Civil Judge, (S.D.) Rampur in O.S. No. No. 245 of 2004 contained in (Annexure-7 to the writ petition)." 2. Interim protection was granted in favour of the petitioner on 30.10.2006 by which the respondents were directed to restrain from interfering in the possession of the petitioner in the land in question. 3. The writ petition was dismissed in default on 11.04.2014, a restoration application alongwith delay condonation application was filed after lapse of eight years which was numbered as Delay Condonation Application No. 2/2022 and Restoration Application No. 3/2022. The aforesaid applications were allowed by this Court on 14.12.2022 with the cost of Rs. 5,000/-. The aforesaid cost has already been deposited by the petitioners. 4. It is argued that though the order dated 11.04.2014 by which the writ petition was dismissed in default has already been recalled, since interim order was not extended, hence a prayer has been made to extend the interim order granted in favour of the petitioner on 30.10.2006. 5. On the other hand Sri Pramod Kumar Gupta, learned counsel appearing on behalf of legal heirs of the respondents, placed before this Court a certified copy of the order sheet of the aforesaid Original Suit No. 245 of 2004, the same is taken on record. He also placed reliance upon the order dated 11.09.2008 by which the aforesaid suit was dismissed in default. 6. On the basis of aforesaid it is argued that the present petition has become infructuous and liable to be dismissed as such. 7. Heard counsel for the parties and perused the record. 8. From the perusal of record, it is clear that the writ petition was filed against an interlocutory order passed by the trial court which was affirmed in the appeal filed by the petitioner. The original suit filed by the petitioner has already been dismissed in default on 11.09.2008. 9. In this view of the matter, the Court is of the opinion that no useful purpose would be served in keeping the petition pending, the present petition has become infructuous and is liable to be dismissed. 10. Accordingly, the present petition is dismissed as having become infructuous. 11. It is made clear that in case any further orders were passed by the court below in the aforesaid suit after 11.09.2008, the petitioners are free to file a recall application in the present petition within 30 days from today. Order Date :- 2.4.2025 Arti Digitally signed by :- ARTI SHARMA High Court of Judicature at Allahabad