(1.) Heard Shri I. D. Shukla, learned counsel for the appellant, Shri C.L. Yadav learned counsel for the respondent and perused the record.
(2.) Facts in brief of the present case are that initially, the plaintiff/appellant had filed the suit for permanent injunction registered as Regular Suit No.47/1996 in the Court of First Additional Civil Judge (Jr. Div.), Faizabad. During the pendency of the said suit, Mohd. Wasim has died, substituted by his legal heirs, Smt. Akila Khatun, Mohd. Dilshad and Km.. Anjum, as plaintiff Nos. 1/1 to 1/3 respectively, thereafter by means of judgment and decree dated 29.09.2008, First Additional Civil Judge (Jr. Div.), Faizabad has allowed the suit, challenged by the defendant-appellant by filing a Civil Appeal No. 116 of 2008 (Mohd. Tahseen Vs. Mohd. Waseem (Dead) through his Lrs.), dismissed by judgment and decree dated 02.04.2009 passed by District Judge, Faizabad.
(3.) In view of the said factual background, present appeal has been filed under Section 100 CPC by the appellant.
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