S.B. Civil Second Appeal No.258/05 Date:15/07/2008 HON'BLE Mr. JUSTICE ASHOK PARIHAR Mr. Sailesh Prakash Sharma, for appellant. Mr. Alok Sharma Mr. Mohd. Anees, for respondents. BY THE COURT: Suit for permanent injunction filed by the plaintiff-appellant was decreed by the trial court vide judgment and decree dated 31.5.2000. However, the judgment and decree passed by the trial court has been reversed and set aside by the lower appellate court vide judgment and decree dated 17.4.2004. The dispute has been in regard to a plot measuring 23'x22'. It has now been submitted by the counsel for the appellant that during pendency of the appeal before the lower appellate court, the plot in question had already been allotted by the defendant UIT in favour of the plaintiff-appellant. The sale deed was executed on 17.4.2002 and the same has also been duly registered on 28.6.2002. Unfortunately, may be due to inadvertence of the parties and the counsel, the above fact could not be brought to the notice of the lower appellate court. It has also been submitted on behalf of appellant that after sale deed been executed, the plaintiff-appellant is continuing with the possession over the suit property. The above statement made on behalf of appellant have not been controverted so far. In view of the facts and circumstances as mentioned above since after due allotment of land, sale deed also been duly registered in favour of the plaintiff- appellant, the suit for injunction would not survive and no further adjudication is required by this court. The parties may seek fresh remedy if the circumstances so arise. The appeal stands disposed of accordingly. (Ashok parihar) J.