High CourtsSingle Bench(2022) 07 P&H CK 0128

Krishan Kumar And Others vs Vinay Nagpal And Another

Punjab And Haryana At Chandigarh · Decided on 28 July 2022

HON’BLE JUDGES
Arvind Singh Sangwan, J
RESULT
Disposed Of
CASE NUMBER
Regular Second Appeal No. 1642 Of 2000 (O&M)

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Judgment

7 paragraphs · 214 words

Arvind Singh Sangwan, J

This appeal has been filed by defendants, namely, Krishan Kumar and Kundan Lal, challenging the judgment and decree dated 27.09.1995, vide which, the suit filed by plaintiff-Suresh Kumar, seeking possession by way of redemption, was decreed, as well as the judgment and decree dated 06.03.2000 passed by the Lower Appellate Court, dismissing the first appeal filed by the appellants/defendants.

Learned counsel for the appellants submits that during the pendency of the present appeal, respondent/plaintiff-Suresh Kumar has sold the shop in favour of the applicants, vide two sale deeds, which are placed on record with CM No.5147-CII-2019.

The prayer in the said application was for impleading the applicants as respondents in place of respondent/plaintiff-Suresh Kumar. The impleadment application was allowed on 22.11.2019.

Learned counsel for the appellants submits that since respondent/ plaintiff stood substituted by the present respondents, the effect of the sale deeds is that the judgments and decree passed by both the Courts below are liable to be rendered infructuous.

In view of the changed circumstances, this appeal is disposed of by holding that the impugned judgments and decree passed by the trial Court as well as the Lower Appellate Court in the suit for possession by way of redemption, filed by original plaintiff-Suresh, have rendered infructuous.

Ordered accordingly.