Mr. Pankaj Bhandari, J.

1. The appellant has preferred this misc. application under Section 151 CPC stating therein that the appellant after passing of the order in Second Appeal No.198/2015 dated 15.12.2015 has purchased the shares from co-sharers and therefore, is no longer tenant as he has now become a co-owner.

2. It is contended that in the order dated 15.12.2015 passed by the Hon’ble High Court, the appellant was directed to submit undertaking within three months which was to expire on 15.02.2016, prior to that date, the applicant has purchased the property from co-sharers therefore, now he is not required to submit the undertaking.

3. Counsel for the appellant has placed reliance on (1996) 6 Supreme Court Cases 373 SK. Sattar SK. Mohd. Choudhari v. Gundappa Amabadas Bukate and (2013) 3 JLJ 186 Hafizullah v. Puran Chand Jain.

4. It is contended by counsel for the petitioner that Section 111(d) of the Transfer of Property Act would not have any applicability and Section 44 of the Transfer of Property Act would be applicable.

5. Reliance has also been placed on AIR 1973 Supreme Court 2256, Arjunlal Bhatt Mall Gothani and others v. Girish Chandra Dutta and another; 2010 AIR SC