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2009 DIGILAW 6 (HP)

KRISHNI DEVI v. RAWALU

2009-01-01

DEV DARSHAN SUD

body2009
JUDGMENT Dev Darshan Sud, J.:-This appeal has been filed by the plaintiffs, appellants herein, against the judgment and decree of the learned appellate Court granting damages instead of a decree for specific performance, as prayed for. 2. Without entering into the legality of the question of law urged for determination, this appeal can be disposed of in view of the averments made in CMP No.711 of 2008, which is an application under Order 41 Rule 27 of the Code of Civil Procedure filed by the applicant for placing on record the sale deed of the suit land which is subject matter of the suit. The application is accompanied by a photocopy of the sale deed. In view of these changed circumstances, this appeal is allowed. 3. No stay was granted against the execution of the sale deed, when the appeal was admitted. In these circumstances, registered sale deed, photocopy of which is marked as Ex.C-1, having been voluntarily executed, disposes of the entire controversy between the parties. 4. Learned counsel for the respondents submits that he may be permitted to take instructions in the matter. This request is declined at this stage as ample notice of the facts had been given to the respondents. The application was filed on 19.8.2008 with an advance copy to the respondent. Liberty has been reserved to the defendant to approach this Court in case it is urged by him that the sale deed Exc.C-1 has not been voluntarily executed. This appeal is accordingly disposed of. All miscellaneous applications are disposed of. There shall be no order as to costs. The judgment and decree of the learned appellate Court is modified to this extent.