In the High Court of Punjab and Haryana at Chandigarh R.S.A.No. 2612 of 1986(O&M) Date of Decision: July 29, 2011 Gurdev Singh and others ---Appellants versus Kulwant Singh and another ---Respondents Coram: HON'BLE MR. JUSTICE GURDEV SINGH *** Present: Mr. Visahal Aggarwal, Advocate, for the appellant *** GURDEV SINGH, J. This second appeal has been preferred by the appellants- defendants, Gurdev Singh, Teja Singh and Harbant Singh against the judgment and decree dated 25.4.1986 passed by Additional District Judge, Patiala, vide which the appeal preferred against the judgment and decree dated 25.4.1985 passed by Additional Senior Sub Judge, Nabha, decreeing the suit of the respondents-plaintiffs, Kulwant Singh and Satwant Singh, for declaration to the effect that they are owners in equal share of 2/5th share in the land in dispute situated in village Gulwatti, Tehsil Nabha, as detailed in the heading of the plaint with consequential relief of permanent injunction restraining the defendants from alienating the same, was dismissed. R.S.A.No. 2612 of 1986(O&M) -2- The suit was filed by the plaintiffs being the sons of Gurdev Singh-defendant No. 1, claiming the land in dispute to be ancestral coparcenary property and that they acquired a right therein by birth. The only contention raised in the present appeal by the counsel for the appellants is that the injunction could not have been granted restraining the 'Karta' from alienating the coparcenary property and in case of any such alienation, the remedy would have been for setting aside that alienation on the ground that the same was without any legal necessity and was not for the good management of the estate. Notice was issued to Gurdev Singh, appellant No. 1, who was stated to be 'Karta' of the coparcenary property. The same has been received back with the report that he has already died. It has been conceded by the counsel for the appellants that the position has been changed after the death of that appellant and that the appellants will resort to other remedy and that the present appeal has become infructuous. Dismissed as infructuous. Records of the trial court be returned forthwith. (GURDEV SINGH) JUDGE July 29, 2011 PARAMJIT