HASHIM Vs. WAHEED AND ORS.

JUDGEMENT

(1.) Present second appeal has been preferred by the plaintiff / appellant for setting aside the judgment and decree dated 17.02.2014, passed by Addl. District Judge, Vikasnagar, District Dehradun, in Civil Appeal no. 126 of 2012, titled as Mohd. Hasim vs Waheed and others, and further to set aside the judgment and decree dated 01.05.2010, passed by Civil Judge (Sr. Div.), Vikasnagar, District Dehradun, in O.S. no. 260 of 2006, Mohd. Hasim vs Waheed and others. In other words, the plaintiff / appellant has made a prayer before this Court for decreeing his original suit no. 260 of 2006 in toto.

(2.) Plaintiff / appellant filed a civil suit no. 260 of 2006 against the defendants / respondents for a decree of permanent prohibitory injunction restraining the defendants from interferring in Khata no. 1155, Khasra no. 1388 admeasuring 6 biswa of land over which the houses and shops were constructed by the plaintiff in the year 1977.

(3.) In present second appeal, notices were issued to the respondents for filing objections on delay condonation application, but none turned up on behalf of said respondents, despite service of notices, upon them.