CFA No.66/1984 - Smt. Mooli Bai & Ors. Vs.LRs of Shri Gajmal : Order dt. :5.03.08 1/2 S.B. CIVIL REGULAR FIRST APPEAL NO.66/1984 Smt. Mooli Bai & Ors. Vs. LRs of Shri Gajmal Date : 5.03.2008 PRESENT HON'BLE DR. JUSTICE VINEET KOTHARI Mr. L.R. Kalla for the appellants. Mr. Vikas Balia for the respondents. --------- 1. Learned counsel Mr. Balia submits that this appeal has become infructuous as well as it is barred by principles of res judicata. He submits that two suits were filed by the plaintiff- respondents, one under which present appellant-defendants were in possession under some agreement by the plaintiffs and since there was a breach of that agreement, the plaintiffs filed a suit for possession which was decreed and the first appeal against that filed by the defendants were also dismissed and they have not pursued the matter further. As far as the second portion of the suit land is concerned, they were in unauthorised possession of the said land and for which separate suit for possession was filed by the plaintiff respondents which was also decreed and against which the present appeal is filed. He submits that thereafter during the pendency of this appeal, the defendant-appellants have given back the possession of CFA No.66/1984 - Smt. Mooli Bai & Ors. Vs.LRs of Shri Gajmal : Order dt. :5.03.08 2/2 the land in question to the plaintiff-respondents and they have also transferred the land in question to some third party who are now in the possession. Learned counsel for appellant does not dispute this position. 2. In the facts and circumstances of the case, this appeal is dismissed as infructuous. [ DR. VINEET KOTHARI ], J. item No.5 babulal/-