KENCHAWWA Vs. AMOGONDA

JUDGEMENT

(1.) PARTIES are referred with respect to their ranking as held in the lower Court in the course of this judgment for the purpose of convenience.

(2.) THIS Regular First Appeal by the unsuccessful plaintiff filed under Section 96 of the C. P. C. is directed against the judgment and decree dated 13. 9. 1976 passed in O. S. No. 20/1975 on the file of the erstwhile Civil Judge, Bijapur, wherein the learned Civil Judge had dismissed the suit of the plaintiff for declaration and the relief of permanent injunction, challenging the legality and validity of the judgment impugned.

(3.) AT the outset, it should be mentioned that this Court, on 24/ 25. 2. 1988, had disposed of the appeal decreeing the suit of the plaintiff. Feeling aggrieved, the first defendant had carried the appeal to the Apex Court in Civil Appeal No. 8731/1994 arising out of s. L. P. (C) No. 6149/1988, and the Apex Court, vide its judgment dated 20. 3. 2002, had set aside the judgment and decree of this Court by allowing the appeal and had remanded the case to this Court for hearing the matter in the light of the observations made therein. Accordingly, this Court has again heard the arguments of both sides.