PYARCHAND AND ORS. Vs. NANDA AND ORS.

JUDGEMENT

(1.) THE present second appeal under Section 100 of the Code of Civil Procedure has been filed by the appellants -defendants against the judgment and decree dated 17.05.1994 passed by the learned Additional District Judge No. 2, Chittorgarh in Civil Appeal No. 73/1993 "Pyarchand & Ors. Vs. Nanda & Anr." by which, he affirmed the judgment and decree dated 17.08.1985 passed by the learned Munsif & Judicial Magistrate, First Class, Begun in Civil Original Suit No. 9/1980 "Nanda & Anr. Vs. Nana & Anr." in a suit for permanent injunction which was decreed by the learned Trial Court in favour of the plaintiffs.

(2.) THE legal representatives of the deceased defendant -Roda S/o. Bhuwanaji Suthar, who was defendant No. 2 in the suit filed by the plaintiffs -respondents, and who was the real brother of the defendant No. 1 -Nana, being sons of Bhuwanaji Suthar, have filed the present second appeal in this Court on 25.08.1994 in which, the following substantial question of law was framed by the co -ordinate Bench of this Court on 14.09.1994 which reads as under: -

(3.) THE first appeal filed by the defendants -Nana and legal representatives of the deceased Roda, his brother, namely - Pyarchand & Ors. which came to be dismissed by the learned First Appellate Court of Additional District Judge No. 2, Chittorgarh on 17.05.1994, namely, Civil Appeal No. 73/1993 "Nana Lal & Ors. Vs. Nanda & Anr." with the following observations: -