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APPEAL

← Legal Draft & Format
Civil Pleadings⇩ Download RTF Format

APPEAL

IN THE HIGH COURT OF………………..

Civil Appellate Jurisdiction

C. Misc………………… of 19………………..

in

R. S. A. No……………………………………………… of 19……

………………………………………………………….. Appellants.

versus

……………………………………………………….. Respondents.

To

The Hon’ble Chief Justice and his companion judges of the Punjab and Haryana High Court:

The Defendants/Respondents most respectfully submit as follows:

1. That on……………….. and others, who had purchased the mortgagee rights in the land, in dispute from………….. defendant, vide sale deed dated…………… made an application for redemption of the suit land measuring…………. Kanals……….. Marias before the Collector,…………. under the Redemption of Mortgages (Punjab) Act, 1913.

2. That the said application was contested on behalf of the plaintiff-appellants, but ultimately, the Collector, vide order dated………………… a certified copy of which has been filed along with this misc. application as Annexure A-l, allowed the said application and ordered the mortgage to be redeemed and the petitioners-mortgagors to be put in possession.

3. That the mortgage money was found to be Rs………………… and no suit challenging the said order of the Collector was filed and thus the said order became conclusive as provided therein.

4. That in pursuance of the said order of the Collector, the applicants also got possession of the suit land from the plaintiff-appellants and that they are now in possession of the same.

5. That under the aforementioned circumstances the plaintiff’s appeal has become infructuous and is liable to be dismissed in view of the subsequent events stated above.

PRAYER

It is, therefore, most respectfully prayed that Your Lordships may be pleased to dismiss the appeal as having become infructuous on account of the subsequent events stated in this application.

Dated:……………….. Advocate for the Respondents.

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