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Judgment
Jaswant Singh, J.—The present appeal has been filed by the plaintiff aggrieved against the Judgement and decree of reversal dated 17.12.2010 passed by learned District Judge, Sirsa in the appeal filed by defendants/vendors whereby the suit of the plaintiff/appellant has been partly decreed for grant of alternative relief of refund of earnest money with interest while setting aside the decree of specific performance in toto granted by the learned trial Court. This Court while issuing notice of motion on 31.1.2011 had restrained the defendants/respondents/vendors from alienating the suit property till further orders.
The said order was modified vide order dated 30.7.2012 passed by This Court in view of compromise dated 20.7.2012 having been arrived at between the parties and the defendants/vendors were permitted to alienate the suit property to the plaintiff/appellant.
The main appeal is fixed for hearing on 24.1.2013, however, the plaintiff/appellant has moved CM No. 14151-C/2012 whereby he has prayed for disposing of the appeal as having been rendered infructuous in view of the registration of the sale deed on 28.8.2012 by the defendants/vendors in favour of the plaintiff/appellant.
In view of the contents of the aforesaid application, the date of hearing in the main appeal is preponed from 24.1.2013 and the appeal is taken up for hearing alongwith the application. Prayer made in the application bearing CM No. 14151-C/2012 is allowed and the main appeal bearing RSA No. 486 of 2011 is disposed of as having been rendered infructuous.