IMADUDDEEN Vs. NAJIB ULLAH

JUDGEMENT

(1.) This writ petition assails the validity of an order dated 05.04.1995, whereby the application moved by the petitioners, who were appellants before the learned appellate court below, under Order 41 Rule 27 of the Code of Civil Procedure for adducing additional evidence has been rejected.

(2.) Heard Sri S. A. Jamal, Advocate holding brief of Sri Shafiq Mirza, learned counsel for the petitioners and Sri Mohd. Arif Khan, Senior Advocate, assisted by Sri Mohd. Moinuddin Khan and Sri Mohd. Aslam Khan, Advocates for respondents no. 1 to 3.

(3.) The facts which are relevant for the purposes of resolving the dispute engaging attention of this Court in the instant writ petition are that a Suit bearing No. 124 of 1981 was filed before the learned trial court by the respondents wherein the petitioners were the defendants. The suit was filed with the prayer for decree for demolition of the construction raised by the petitioners. Subsequently another suit was filed by the petitioner no.6 against the respondents no.1 to 3 which was registered as Regular Suit No.134 of 1981 wherein the decree for permanent injunction was sought for restraining the defendants i.e. respondents no. 1 to 3 in the instant writ petition from raising any construction on the land in dispute.