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Regular First Appeal No. 34 and Civil Miscellaneous No. 501‑C of 1986 decided on 11th November, 1986.
‑‑‑Ss. 13, 14 & 15‑‑Appeal withdrawn and having become infructuous‑ Certificate of refund of court fees paid in this behalf, directed to be issued.
Muhammad Sadiq Ali Khan v. Ali Abbas and others A I R 1933 Oudh 170(1) ref.
Mirza Manzoor Ahmad for Appellants.
Learned counsel for the appellants has submitted that the respondent has taken possession of the land in dispute and the regular first appeal has become infructuous. He wishes to withdraw this appeal. Therefore the appeal stands dismissed as having been withdrawn.
2. Learned counsel for the appellants has further prayed that a certificate of refund be issued regarding the court‑fee paid in this regular first appeal. This plea is grounded on the reason that the possession has been taken over by the other party and the purpose of the regular first appeal has failed. He has cited Muhammad Sadiq Ali Khan v. Ali Abbas and others A I R 1933 Oudh 170(1) in support of his contention.
3. We direct that a certificate of refund of the court‑fee may accordingly be issued.
M. B. A. Order accordingly.
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