JUDGMENT Hon’ble S.P. Mehrotra, J.—List has been revised. 2. Sri A.K. Malviya, learned Counsel for the petitioners is not present. Sri S.S. Tripalhi, learned Counsel for the respondent Nos. 2 and 3 is present. 3. It may be mentioned that on 21st March, 2007, also, Sri A.K. Malviya, learned Counsel for the petitioners was not present, even when, the case was taken up in the revised list. 4. Sri S.S. Tripathi, learned Counsel for the respondent Nos. 2 and 3 has filed today a Supplementary Affidavit on behalf of the said respondents after serving a copy thereof on Shri A.K. Malviya, learned Counsel for the petitioners. 5. Let the said Supplementary Affidavit be taken on record. 6. It appears that the petitioner Nos. 1 and 2 herein (Ram Ji and Om Prakash), as plaintiffs, filed Suit No. 277 of 2000, inter-alia, praying for grant of decree of permanent injunction against the defendants in the said Suit. 7. Copy of the plaint of the said Suit has been filed as Annexure 1 to the Writ Petition. 8. It further appears that on an Application for temporary injunction filed on behalf of the plaintiffs in the said Suit (petitioner Nos. 1 and 2 herein), the Trial Court by its order dated 24th August, 2000 granted temporary injunction while issuing notices to the defendants in the said Suit. 9. Copy of the said order dated 24th August, 2000 has been filed a Annexure 2 to the Writ Petition. 10. Thereupon, it appears that the defendant Nos. 3 and 4 in the said Suit, namely, Ram Narain and Rama Shankar (respondent Nos. 2 and 3 herein) filed an Appeal being Misc. Civil Appeal No. 222 of 2000, under Order XLIII Rule 1 read with Section 104 of the Code of Civil Procedure. 11. By the judgment and order dated 7th July, 2001, the learned District Judge, Kushinagar (Respondent No. 1) allowed the said Misc. Civil Appeal No. 222 of 2000 and set aside the said order dated 24th August, 2000 passed by the Trial Court. 12. Copy of the said judgment and order dated 7th July, 2001 passed by the learned District Judge, Kushinagar has been filed as Annexure 4 to the Writ Petition. 13. Civil Appeal No. 222 of 2000 and set aside the said order dated 24th August, 2000 passed by the Trial Court. 12. Copy of the said judgment and order dated 7th July, 2001 passed by the learned District Judge, Kushinagar has been filed as Annexure 4 to the Writ Petition. 13. Thereafter, the petitioners filed the present Writ Petition, inter-alia praying for quashing the said judgment and order dated 7th July, 2001 passed by the learned District Judge, Kushinagar in Misc. Civil Appeal No. 222 of 2000. 14. By the order dated 31st October, 2001 passed in the present Writ Petition, time was granted for filing Counter-affidavit and Rejoinder Affidavit. 15. Further, by the said order dated 31st October, 2001, ad interim order staying the operation of the said judgment and order dated 7th July, 2001 was also passed. 16. I have heard Sri S.S. Tripathi, learned Counsel for the respondent Nos. 2 and 3, and perused the record. 17. Sri Tripathi refers to the aforementioned Supplementary Affidavit filed today on behalf of the respondents Nos. 2 and 3, and submits that the said Suit No. 277 of 2000 filed by the said Ram Ji and Om Prakash (petitioner Nos. 1 and 2 herein) was dismissed in default on 28th October, 2004. 18. It is further submitted by Sri Tripathi that no Restoration Application has so far been filed by the said Ram Ji and Om Prakash (plaintiffs in the said Suit) for recalling of the said order dated 28th October, 2004 passed by the Trial Court dismissing the said Suit in default. 19. In the circumstances, the submission proceeds, the said order dated 28th October, 2004 has now become final. 20. In view of this, it is submitted that the present Writ Petition has become infructuous, and the same is liable to be dismissed as such. 21. I have considered the submissions made by Sri S.S. Tripathi, learned Counsel for the respondent Nos. 2 and 3, and I am of the opinion that the submissions made by Sri S.S. Tripathi are correct. 22. A perusal of Annexure SA-1 to the aforementioned Supplementary Affidavit filed today shows that the said Suit No. 277 of 2000 filed by the said Ram Ji and Om Prakash (petitioner Nos. 1 and 2 herein) was dismissed in default by the Trial Court by its order dated 28th October, 2004. 23. 22. A perusal of Annexure SA-1 to the aforementioned Supplementary Affidavit filed today shows that the said Suit No. 277 of 2000 filed by the said Ram Ji and Om Prakash (petitioner Nos. 1 and 2 herein) was dismissed in default by the Trial Court by its order dated 28th October, 2004. 23. In paragraph 3 of the said Supplementary Affidavit, it has been stated that the petitioners have not moved any Restoration Application against the said order dated 28th October, 2004, and the same has attained finality. 24. The subject-matter of the present Writ Petition is question of grant of temporary injunction in the said Suit No. 277 of 2000 during the pendency of the said Suit. 25. As is apparent from the facts narrated above, the question of grant of temporary injunction during the pendency of the said Suit No. 277 of 2000 no longer subsists as the said Suit has been dismissed in default on 28th October, 2004. 26. The present Writ Petition has, therefore, become infructuous. 27. In view of the above, the present Writ Petition is dismissed as having become infructuous. 28. The ad-interim stay order dated 31st October, 2001 stands vacated. ————