S.B. Civil First Appeal No.269/1998. (Mohan Lal Vs. Mahesh Prakash) May 14, 2009 HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS ______________________________________ Mr. Surendra Singh for the appellant. Mr. J.K. Bhaiya for the respondent. It is stated at Bar by learned counsel for the respondent Mr. J.K. Bhaiya that the first appeal against the preliminary decree was dismissed by this Court vide judgment dated 10.01.2008 passed in S.B. Civil First Appeal No.216/1998. Thereafter, in execution proceedings the possession of the land in question has already been delivered to the respondent Mahesh Prakash. In this view of the matter, therefore, this appeal has become infructuous. Upon the statement made at Bar by learned counsel for the respondent, this appeal is dismissed as having been rendered infructuous. (Gopal Krishan Vyas) J. Ojha, a.