HIGH COURT OF JUDICATURE AT ALLAHABAD FIRST APPEAL No. - 854 of 2019 Court No. - 35 HON'BLE SANDEEP JAIN, J. 1. Heard Learned counsel for the appellants. 2. The instant appeal under section 96 of Code of Civil Procedure has been filed by the defendants/appellants, in O.S. No.206 of 2015 (Rahul Kumar Vs. Yogendra Singh and others), against the judgment and decree dated 17.09.2009, passed by the court of Additional Civil Judge (Senior Division), Baghpat, whereby the plaintiff/respondent's suit for specific performance of agreement to sell has been allowed and consequently the defendants/appellants have been directed to execute the sale deed within three months, in favour of the plaintiff/respondent of the property in question as mentioned in the agreement dated 21.09.2013, after receiving the balance amount. 3. Learned counsel for the defendants/appellants submits that the decree of the trial court was put in execution before the executing court and during the execution proceedings a compromise took place between decree holder and judgment debtors, by which the earnest money was returned by the judgment debtors to the decree holders and consequently the executing court dismissed execution case, in full satisfaction of the decree passed by the trial court. Learned counsel for the defendants/appellants further submits that in view of the above facts, the instant appeal be also decided in accordance with law. Versus Counsel for Appellant(s) : Brajesh Kumar Solanki, Maithali Sharan Pipersenia Counsel for Respondent(s) : Satyendra Kumar Singh Yogendra Singh And Anothers .....Appellant(s) Rahul Kumar .....Respondent(s) 4. None is present for the plaintiff-respondent. 5. From the perusal of the documents submitted by the defendants/appellants it is evident that an Execution Case No.13 of 2021 (Rahul Kumar Vs. Yogendra Singh (deceased) through LRs and others) was filed for execution of the decree of the trial court, in Original Suit No.206 of 2015(Rahul Kumar Vs. Yogendra Singh and others). During the pendency of the execution case a compromise was arrived between the parties, whereby the plaintiff-respondent/decree holder, received back the earnest money paid by him earlier to the defendant-appellants/judgment debtors, alongwith expenses. The statement of the decree holder was recorded by the executing court on 11.07.2024 and in view of his unequivocal statement, the Execution Case No.13 of 2021 was dismissed in full satisfaction of the decree passed by the trial court, in O.S. No.206 of 2015. 6 It is clear that decree of the trial court has been fully satisfied, as such, the instant appeal filed by the defendant/appellants, challenging the decree of the trial court, in O.S. No.206 of 2015, has become infructuous. 7. Accordingly, the instant appeal is dismissed as having become infructuous. 8. However, in the facts and circumstances of the case, the parties shall bear their respective costs. 9. Interim order, if any, stands vacated. 10. Interim applications, if any, stands disposed of. 11. Office is directed to prepare the decree, accordingly. September 15, 2025 VKG FAPL No. 854 of 2019 2 (Sandeep Jain,J.) Digitally signed by :- VIJAY KUMAR GUPTA High Court of Judicature at Allahabad