Regular Second Appeal No. 1191 of 1982 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Regular Second Appeal No. 1191 of 1982 Date of Order: 12.11.2008 Buta Ram and another ....Appellant Versus Mohar Singh (dead) through Legal representatives and others ..Respondents CORAM: HON'BLE MR. JUSTICE RAJIVE BHALLA Present: Mr. Ram Lal Gupta, Advocate for the appellants. Ms. Anju Arora, Advocate for the L.R of respondent No.4. RAJIVE BHALLA, J (Oral). The appellants challenge the judgment and decree dated 17.09.1980, passed by Sub Judge Ist Class, Bathinda, partially decreeing their suit and the judgment and decree dated 27.03.1982, passed by District Judge, Bathinda, accepting the appeal filed by respondent no.1 and as a result dismissing the suit filed by the appellants. The dispute in essence arises from a suit whereunder the appellants challenged a mortgage created by their father and the father's younger brother on the ground that the property being co-parcenary could not be alienated but for legal necessity and then also for consideration. Counsel for the legal representative of respondent no.4 submits that during the pendency of this appeal, the appellants have redeemed the mortgage and are now in possession of their separate shares. It is also stated that the appellants redeemed the mortgaged property as the original owners Babu Ram and Milkhi Ram passed away and their rights as mortgagors devolved upon the appellants. Regular Second Appeal No. 1191 of 1982 -2- Counsel for the parties are ad-idem that in view of the aforesaid statement nothing survives for adjudication in this appeal as it has been rendered infructuous. In view of what has been stated hereinabove, the appeal has been rendered infructuous and is disposed of as such with liberty to the parties to seek revival, in case the above statement is incorrect. November 12, 2008 (RAJIVE BHALLA) nt JUDGE