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IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.5241 OF 2008 (@SPECIAL LEAVE PETITION (CIVIL)NO.11960 OF 2006)

RAM MEHAR                                       Appellant(s)

                     VERSUS

METHAB SINGH & ORS.                             Respondent(s)

O R D E R

Leave granted.

Heard both sides.

2. The appellant  herein  has challenged the recounting ordered by the

Addl.Civil  Judge,  Senior  Division  in  an  Election  Petition  filed  by  the

respondent no.1 herein. The High Court had declined to interfere with the

order passed by the Addl.Civil Judge, Senior Division.  We are told that after

the recounting of the votes, the Election Petition  itself was finally disposed

of by the Addl.Civil Judge, Senior Division, Bhiwani, Haryana on 22.8.2008.

In view of the order passed by the Addl.Civil Judge,Senior Division, disposing

of the Election Petition,  this matter has become infructuous.  Accordingly,

the appeal is disposed of as having become infructuous. No costs.

3. But we make it clear that the appellant would be at liberty to challenge

the order passed by the Addl.Civil Judge,

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Senior Division, on the basis of the grounds alleged in the present appeal

also for which we express no opinion.     

...............CJI. (K.G. BALAKRISHNAN)

.................J.     (P. SATHASIVAM)

NEW DELHI; 25TH AUGUST, 2008.