HIGH COURT OF UTTARAKHAND AT NAINITAL SECOND APPEAL NO. 9 OF 2005 Suresh Kumar Giroti, S/o late Shri Devi Dayal Giroti, R/o 110 Neshwilla Road, Dehradun. ……………Plaintiff/Appellant. Vs. 1. Mohd. Yakub, S/o late Shri Nanhe, R/o 110 Neshwilla Road, Dehradun. 2. Attakurrahman, S/o late Shri Nanhe, R/o 110 Neshwilla Road, Dehradun. …Defendants/Respondents. Dated: 2.1.2008 Hon’ble Rajesh Tandon, J. (Civil Misc. Application No. of 2007 Heard Sri B.P. Nautiyal, counsel for the appellant/applicant. 2. Present application has been filed by the appellant stating therein that the during the pendency of the present Second Appeal for admission, the grievances of the appellant has already been redressed and the ventilator (Roshandan) has already been closed. 2 3. In view of the aforesaid, the second appeal has already become infructuous as the cause of action has already been satisfied. 4. In view of the above, I do not find any substantial question of law involved in the appeal and the Second Appeal deserves to be dismissed. 5. Consequently, Second Appeal is dismissed under Order 41 Rule 11 of the C.P.C. No order as to costs. (Rajesh Tandon) 2.1.2008 Rathour