RAMESH CHANDER Vs. KAUSHALYA RANI

JUDGEMENT

(1.) This Regular Second Appeal has been filed by the appellants/plaintiffs against the judgment of the appellate Court dated 28.8.2006 whereby the appellate Court sustained the judgment of the trial Court dated 17.5.2004 dismissing the suit for declaration, possession and injunction filed by the appellants/plaintiffs. By the suit, appellants/plaintiffs prayed for declaration for declaring as null and void the judgment and decree dated 7.12.1973 passed by the civil Court in favour of the respondent no.1 herein-defendant no.1 in the trial Court.

(2.) I may note that this appeal is no doubt a second appeal under Section 100 of the Code of Civil Procedure, 1908 (CPC), but really the same is not a second appeal, but a fifth appeal, inasmuch as the judgment and decree of which declaration is sought as being null and void has been sustained right till the Supreme Court on the dismissal of the SLP of the appellants/plaintiffs way back on 31.7.1986 i.e about 24 years back.

(3.) The facts of the present case show that appellants/plaintiffs are abusing the process of law although finality was achieved with respect to disputed property bearing No.1/251, Subhash Nagar, New Delhi by the respondent no.1/defendant no.1 being declared as the owner in the earlier proceedings.