The decree passed in favour of the respondent No. 1; The Bank of Punjab, against respondent No. 2 was upheld by this Court in appeal. The bank thereafter obtained possession of the shop in question through the process of execution. The appellant being aggrieved and claiming to be a tenant in possession of the shop under respondent No. 2 filed an objection petition before the Banking Court that the possession could not have been taken from him. The Banking Court through the impugned order dated 7.8.2004 has dismissed this objection petition.
2. Mr. A.H. Bhutta, Advocate, the learned counsel for the appellant has apprised us about the subsequent development in the matter inasmuch as, that Muhammad Bilal, respondent No. 2 has liquidated his entire liability towards the bank, whereupon the bank has withdrawn the execution petition.
3. Mr. Muhammad Aqeel Malik, Advocate appearing tor the bank has affirmed the above position and states that the bank has already surrendered the possession of the shop in question to the Banking Court along with the goods taken on 'superdari' by the bank at the time of obtaining the possession, In the light of above, this petition has become infructuous. Now the contest is between the appellant and Muhammad Bilal as to who shall get the possession of the property in question.
Let the appellant apply to the proper forum, but in any case the present appeal is rendered infructuous.
4. In view of the above circumstances this appeal is dismissed as having become infructuous.