S.B. CIVIL SECOND APPEAL NO.117/1991 Mohd. Ibrahim Vs. Late Harkanwar through her LRs Date of order : 12th November, 2008 PRESENT HON'BLE DR. JUSTICE VINEET KOTHARI Mr. C.S. Kotwani for the appellant. Mr. S.N. Pungaliya for the respondents. --------- 1. Learned counsel for the respondent Mr. S.N. Pungaliya submits that since the suit was filed for the bonafide of Shri Sushil Kumar, who has now expired and the plaintiff has filed another suit in the rent Tribunal and, therefore, the decree in the present suit No.202/1985 is not required to be executed and as a matter of fact the suit itself has become infructuous. This statement is not disputed by the learned counsel for the appellant. 2. In view of this, the present second appeal filed by the present appellant-defendant is disposed of with the observation that the fresh suit filed by the plaintiff-respondent shall proceed independently. The decree in the suit No.202/1985 of the trial court is accordingly set aside. [ DR. VINEET KOTHARI ], J. item No.38 babulal/-