AFTAB MOHAMMAD Vs. SMT. SAIDA BEGAM

JUDGEMENT

(1.) By means of present writ petition, the petitioner seeks writ in the nature of certiorari quashing the impugned orders dated 26.10.2016 and 19.04.2017 (Annexures no. 13 and 15 to the writ petition), and also to allow the application dated 06.08.2016 filed by the petitioner under Order 7 Rule 11 C.P.C. (Annexure 11 to the writ petition).

(2.) Mehboob Islam Ansari, predecessor-in-interest of respondent nos. 1 to 4, filed a civil suit seeking permanent prohibitory injunction against the defendantpetitioner in the court of civil Judge (Sr. Div.), Almora in the year 1997. The said suit was dismissed with costs, vide order dated 01.05.2000. Aggrieved against the order passed in O.S. no. 52 of 1997, the plaintiff filed a regular civil appeal, being civil appeal no. 09 of 2000, which was dismissed, vide order dated 28.09.2002. Aggrieved against the same, plaintiff-appellant filed a second appeal before the co-ordinate Bench of this Court in the year 2002, which was dismissed for want of prosecution, vide order dated 28.11.2007. When the plaintiff-appellant tried to restore the second appeal, another co-ordinate Bench of this Court, vide order dated 02.08.2014, refused to condone the delay and hold that there are concurrent findings of the trial court as well as the first appellate court based on sound reasoning. Thus, even if it be conceded for the sake of argument, that the second appellate court did not touch the second appeal on merits, the fact remains that first appeal was decided on merits against the plaintiff-appellants (respondent nos. 1 to 4). The dispute between the parties has, therefore, attained finality.

(3.) It is in respect of the same piece of land, which was subject matter of adjudication in O.S. no. 52 of 1997. The details of suit property have been mentioned at the foot of the plaint of O.S. no. 52 of 1997.