(1.) THE appellants are aggrieved with the order dated 17.07.2003 passed by the Sub-Judge-I, East Champaran, Motihari in Misc. Case No. 2 of 1998 by which he has made the award, rule of the Court and ordered preparation of a decree on the basis of the award entering wrong figures. The appellants are aggrieved with the Umpire fees which has been mentioned in the decree as Rs. 1,30,750/- whereas it should have been Rs. 35,750 since the original award did not contain the figure Rs. 1,30,750. The further submission is that Rs. 19,500 to be paid as Surveyor fee is also bad since the appellants had already paid the Surveyor fee who had been appointed on his behalf.
(2.) ON the other hand, the counsel for the respondents submits that this appeal has become infructuous in circumstances when the amount which was entered in the decree has already been paid by the appellant and, therefore, no useful purpose will be served by further delving in the matter. The appellants' reply is that the payment was made subject to the final decision in the appeal.