MANGAL DEEP Vs. MURALIDHAR

JUDGEMENT

(1.) These two captioned regular second appeals are filed questioning the judgment and decree arising out of O.S.No.193/1998 and O.S.No.197/1999. The appellants in RSA No.2105/2013 are assailing the judgment and decree passed in O.S.No.197/1999 and also the judgment rendered in R.A.No.88/2011. O.S.No.197/1999 was filed seeking the relief of mandatory injunction. RSA No.100003/2014 is filed by the plaintiffs in O.S.No.193/ 1998 questioning the judgment and decree passed in O.S.No.193/1998 and also the judgment and decree rendered by the First Appellate Court in R.A.No.86/2011. The appellants in RSA No.100003/2014 filed suit in O.S.No.193/1998 for declaration and injunction against the respondents herein.

(2.) Both the appeals were heard together on admission and this Court has admitted these appeals on 2/2/2022 by formulating following substantial question of law.

(3.) The appellants in these appeals feeling aggrieved by the common judgment and decree passed by the First Appellate Court in R.A.No.88/2011 and R.A.No.86/2011 are before this Court. The First Appellate Court while deciding the appeals has not at all applied its mind and therefore, this Court having examined the judgment and decree passed by the First Appellate Court has formulated the top noted substantial question of law.