SYED ABDUL HAMEED Vs. ROSHANABI

JUDGEMENT

(1.) Heard the learned counsel for the appellant. The learned counsel for the respondent is absent. The matter is admitted to consider the following substantial questions of law framed by this Court on 20.09.2006:

(2.) Appellant is the sole plaintiff in O.S. No. 125/1989, which was pending on the file of Prl. Civil Judge (Jrd. Dn.), Bijapur. He had filed a suit for the relief of mandatory injunction requesting the Court to grant the prayer sought by him in paragraph No. 9 of the plaint. Paragraph No. 9 of the plaint is extracted as below:

(3.) Plaintiffs suit was decreed after contest vide judgment dated 30.10.2001. Against the said judgment and decree, an appeal was filed by the defendant before the Court of Civil Judge (Sr.Dn.), Vijaypur and later it was withdrawn and transferred to Fast Track Court-I, Bijapur in R.A. No. 409/2004. The said appeal came to be allowed after contest vide considered judgment dated 09.09.2005. It is this divergent judgment which is called in question before this Court by filing an appeal under Section 100 of CPC.