Mohd. Rukmuddin vs. Shanti Agarwal

ITEM NO.13 COURT NO.9 SECTION XII-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s).33522/2017 (Arising out of impugned final judgment and order dated 22-11-2017 in WA No.656/2017 passed by the High Court of Judicature at Hyderabad for the State of Telangana and the State of Andhra Pradesh) MOHD. RUKMUDDIN PETITIONER(S) VERSUS SHANTI AGARWAL & ORS. RESPONDENT(S) (IA No.10084/2018-VACATING STAY) WITH SLP (C) No.33861/2017 (XII-A) (FOR VACATING STAY ON IA 10087/2018) Date : 01-11-2018 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE ABHAY MANOHAR SAPRE HON'BLE MS. JUSTICE INDU MALHOTRA For Petitioner(s) Mr.Mahesh Ram Jethmalani, Sr.Adv. Mr.T.Sudhakar Reddy, Adv. Mr.Somayanadra Goud, Adv. Mr.Ratnesh Kumar Shukla, Adv. Mr.B.Adinarayana Rao, Sr.Adv. Mr.T.Sudhakar Reddy, Adv. Mr.Krishna Kumar Singh, Adv. For Respondent(s) Mr.P.Venkat Reddy, Adv. Mr.Prashant Tyagi, Adv. M/s.Venkat Palwai Law Associates Mr.Abhijeet Sinha, Adv.

UPON hearing the counsel the Court made the following O R D E R

S.L.P.(C) No.33522/2017

It is stated at the Bar that the petitioner, namely, Mohd. Rukmuddin who was the appellant No.2 before the High Court has expired on 1st September, 2018 pending this special leave petition. This special leave petition has therefore become infructuous because the right to sue has not delved upon any of the legal representatives of the petitioner due to peculiar nature of the issue involved in this special leave petition.

It is in the light of the aforesaid observation, the special leave petition stands dismissed as having rendered infructuous.

Pending applications, if any, stand disposed of.

Needless to say, this observation shall not preclude the legal representatives to pursue the lis in respect of the deceased petitioner in the writ appeal/other proceedings pending before the High Court out of which this special leave petition arises. In other words, the order of dismissal of this special leave petition as having become infructuous is only confined to the special leave petition in question.

S.L.P.(C) No.33861/2017

This special leave petition has become infructuous consequent upon the death of petitioner No.1, namely, Syed Abdul Rub who has died during the pendency of this special leave petition. The special leave petition is therefore dismissed has having become infructuous qua petitioner No.1 Syed Abdul Rub.

Keeping in view the earlier order dated 28th July, 2017 passed by another Bench of Hon'ble Mr.Justice A.K.Sikri and Hon'ble Mr.Justice Ashok Bhushan in S.L.P. (C) No.17766 of 2017 (Annexure P-26) in this matter in the earlier round of litigation, let this matter be listed before a Bench presided over by Hon'ble Mr.Justice A.K.Sikri after obtaining orders from the Hon'ble Chief Justice of India.