ALLADIYA ALLADDIN Vs. BANU

JUDGEMENT

(1.) The instant second appeal has been filed under Section 100 of the Code of Civil Procedure on behalf of the appellants, who were the defendants before the Trial Court against the judgment and order dated 18.08.2005 vide which, the Appellate Court had dismissed the appeal (No. 7/2001) preferred on behalf of the defendants being aggrieved of the judgment and order dated 24.02.2001 passed by the Trial Court by which, the Trial Court had allowed and decreed the suit, seeking declaration and injunction, in favour of the plaintiffs (respondents herein).

(2.) On perusal of the record, this Court finds that this appeal was admitted for consideration, while formulating the substantial questions of law, on 13.04.2006. Interim order to the effect of maintaining status quo with respect to the suit property was also passed in favour of the appellants which was confirmed by this Court vide order dated 10.05.2006.

(3.) On 06.12.2017, the present second appeal was dismissed for want of prosecution. However, the same has been restored by this Court vide order dated 29.07.2019 by allowing S.B. Civil Restoration Application No. 35/2018.