Om Prakash vs Jenuddin on 12 September, 2008

S.B. CIVIL FIRST APPEAL NO. 75/2005
Om Prakash Vs. Jenuddin


Date of Order ::      12th September 2008.

         HON'BLE MR. JUSTICE DINESH MAHESHWARI

Mr.H.K.Jain for the appellant
Mr.T.Gupta for the respondent
                              .....

         The matter has been listed in default category for initial
charges having not been deposited for preparation of paper-
book.
         Though preparation of paper-book is not necessary in
view of the order dated 02.09.2008 as passed in CFA No.
617/2005: Bhagwan Singh Vs. Makkhan Singh, however,
learned counsel for the defendant-appellant submits on
instructions that this appeal has become infructuous inasmuch
as although preliminary decree was passed in the instant suit
for redemption of mortgage as filed by the plaintiff-respondent
but thereafter, the respondent has executed sale deed of the
suit property at the instructions of the appellant in favour of
the wife of the appellant and now, for the title of the suit
property having been conveyed by the respondent in favour of
the appellant's wife, the decree in question         is practically
rendered redundant. Learned counsel for the respondent has
also admitted the fact that the respondent has conveyed the
title.
         In view of   the submissions of learned counsel for the
parties, this appeal is dismissed as infructuous. No costs.



                                      (DINESH MAHESHWARI), J.

MK