RAM NEWAL Vs. DIWAKAR AGRAWAL

JUDGEMENT

(1.) HEARD the learned counsel for the parties on the point of the admission of second appeal.

(2.) SRI M.A.Siddiqui, learned counsel for the appellant has submitted that earlier this second appeal was heard on admission and by the order dated 15.12.2006, it was held that no legal point was involved in the second appeal. However, on the request of the counsel for the appellant that there are some other legal points also as mentioned in the memo of appeal, the Court gave liberty to argue the appeal on other points also. After the aforesaid order, the appellant with the permission of this Hon'ble Court amended the memo of appeal and added by way of amendment certain grounds and substantial questions of law.

(3.) LEARNED counsel for the appellant submits that the respondent filed the suit for prohibitory and mandatory injunction which was partly decreed. Feeling aggrieved by the judgment and decree passed by the trial court, both the parties preferred appeals and the learned first appellate court took up both the appeals together and decided the same vide judgment and decree dated 23.09.2005. The learned first appellate court dismissed both the appeals.