1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN, JAIPUR BENCH, JAIPUR J U D G M E N T S.B. Civil First Appeal No.772 of 2007. Smt. Resham Kanwar wife of Shri Vishal Singh & Another VERSUS Bhanwar Singh Shekhawat son of Shri Sawai Singh Shekhawat and Others Date of Judgment :::: 27th January, 2010. Hon'ble Mr. Justice Dalip Singh Mr. Anoop Dhand, Counsel for the Defendant-appellants. *** By the Court : Learned counsel for the defendant-appellants produced before this Court a letter (Certificate) issued by the plaintiff-bank (Dena Bank) dated 27.04.2009, which reads as follows : अबकाया ूमाण पऽ ूमाǔणत Ǒकया जाता है Ǒक ौी भवंर िसंह शेखावत S/o ौी सवाई िसंह जी शेखावत, गारम ् -खोǑटया तहसील फतेहपुर ǔजला-सीकर का ऋण समझौता (compromise) के वृहद जमा हो गया है उनका बɇक कȧ शाखा का कोई ऋण अब बाकȧ नहȣं है। कृते देना बɇक रामगढ शेखावाटȣ शाखा" 2 Learned counsel for the appellants, on the basis of the above, submits that so far as the decree-holder is concerned, the decree in favour of the decree-holder stands satisfied. However, since the learned trial Court in the decree has set aside the sale in favour of the appellant of the property, which was mortgaged with the bank, the said decree be modified to the aforesaid extent. Learned counsel for the respondent-bank has no objection to the same. Since, the respondents have not been issued notice by this Court till date, this Court deems it proper to remand the matter to the learned trial Court to consider the effect of the satisfaction of the claim of the plaintiff bank and decide the matter afresh. The judgment and decree dated 23.08.2007 passed by the learned trial Court is set aside. With the aforesaid directions of remand, the appeal as well as the stay application stand disposed of. The parties are directed to appear before the learned trial Court on 8 th March, 2010. (Dalip Singh), J. Ashok/