1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR Second Appeal NO. 49 OF 1995 Chandrabhagabai wd/o Hari Khobe ...Versus... Dama Domaji Khobe & anr. Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Mr. C.N. Deshpande Advocate for the appellant. Mr. D.P. Jaiswal h/f for Mr. R.L. Khapre Advocate for the Respondents. ... CORAM : A.B. CHAUDHARI, J. DATED : 21.03.2011. Heard. During the course of hearing of this second appeal, learned counsel for the respondents has filed a pursis which is taken on record and marked X for identification. Office to give Stamp number to the pursis. There is a statement in the pursis that both the parties to the litigation in the second appeal have sold their respective shares in the properties, which are the subject matter of the second appeal and, therefore, the claim of any of the parties does not survive. On this statement, learned counsel for the appellant submitted that though he 2 has informed his client about this development, he has not received any instructions and therefore he is unable to make any concrete statement in response to the statement made in the pursis. I, however, find that the statement made in the pursis is supported by the documents and there is no reason for me to disbelieve the same. Hence, accepting the statement made in the pursis made on behalf of the respondent accompanied by the documents, I hold that the present second appeal is rendered infructuous. Hence, this second appeal is disposed of as infructuous. There shall be no order as to costs. Judge /TA/