FA/146/2018
2021 Latest Caselaw 1023 UK

               Office Notes, reports,
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      Date                                              COURT'S OR JUDGES'S ORDERS
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               order with Signatures


                                          FA No. 146 of 2018
                                          Hon'ble Sharad Kumar Sharma, J.

Mr. D. Barthwal, Advocate, for the appellant.

Mr. Vikas Kumar Guglani, Advocate, for respondent No. 1.

Mr. B.S. Kathayat, Advocate, for respondent No. 3.

The appellant had preferred this First Appeal, seeking an exemption to prefer an appeal as against the judgement dated 28.08.2018, as passed by Civil Judge (Senior Division), Rudrapur, District Udham Singh Nagar in Execution Case No. 1 of 2017, Sunvoice Electronics Vs. Lottee Electronics Ltd.

The First Appeal was admitted by this Court on 24.10.2018. Today, the matter is listed on a Miscellaneous Application, filed by respondent No. 1, along with certain documents being Application No. 14139/2021, whereby he has made a statement that since he was an applicant to the execution proceedings and during its pendency, the total decreetal amount of Rs. 35,42,710/- has already been remitted to him by the judgment debtor as such his execution now stands satisfied in pursuance of the payment already made to the decree holder/respondent No. 1.

In that view of the matter, since the applicant to the execution proceedings himself has made a statement that the decree rendered in his favour stands satisfied at the behest of respondent No. 2, no cause, as such, to continue with the First Appeal survives for the appellant.

Consequently, this First Appeal is dismissed on the ground that the decree, which was sought to be enforced by respondent No. 1 has been satisfied by the judgment debtor/respondent No. 2.

(Sharad Kumar Sharma, J.) 19.03.2021 Mahinder/