MD. YUNUS, SON OF LATE INAYAT KARIM, RESIDENT OF MIHIJAM, PO & PS JAMTARA, DISTRICT JAMTARA Vs. KRISHNA KAR, W/O KALYAN KAR

JUDGEMENT

(1.) The counsel for the respondents is absent.

(2.) By the order of the Honourable Chief Justice all the matters in which proceedings in the lower courts were stayed by the orders of this Court, have been notified in the cause list for 22.04.2016 and 23.04.2016. This matter been listed on as may as 11 occasions and it is more than 10 years old. In the aforesaid facts, I am not inclined to adjourn the matter any further.

(3.) Having lost in two courts, the defendant questioned the judgment dated 30.07.2004 passed in Title (Eviction) Appeal No. 01 of 1997/02 of 2004. The instant Second Appeal was admitted vide order dated 19.06.2006 when the following substantial question of law was formulated :