PREM KUMAR Vs. JAMNA BAI

JUDGEMENT

(1.) THIS second appeal is directed against the judgment of Additional District Judge 2nd Ferozepur whereby he has dismissed the appeal filed by the present appellants against the judgment and decree dated 26.12.1978 passed by the Sub Judge IInd Class, Ferozepur. In this case, the plaintiff-respondents had filed a suit for joint possession in respect of land measuring 22 kanals 17 marlas being 3/80 share of land measuring 609 kanals 17 marlas situated in village Midda, land measuring 3 kanals 6 marlas being 1/20 share of land measuring 297 kanals situated in village Balelke Rohelia and 45 kanals 4 marlas being 27/480 share out of 803 kanals 14 marlas situated in village Bahma Wala fully described in the head note of the plaint. Further prayer for rectification of the sale deed dated 15.10.1959 was also made. As already noticed, the suit of the plaintiffs was decreed and the appeal filed by the appellants was dismissed.

(2.) AT the outset, counsel for the appellants has submitted that the present Regular Second Appeal has become infructuous, as during the pendency of the same, the appellants have purchased the property in question from the respondents. Counsel, accordingly, seeks permission to withdraw the appeal as it has become infructuous. This request is accepted. The RSA is dismissed as withdrawn as prayed for.