MOHAN M.SHANTANAGOUDAR - (1.) Delay condoned.
(2.) Leave granted.
(3.) The father of the fifth respondent herein, Sidheshwar Prasad, i.e. the late Brhamdeo Narayan, at the first instance, filed Title Suit No. 105/1970 for declaration of title, restoration of possession and for eviction of the predecessor-in-interest of the appellant and certain other persons in the year 1970 in respect of the disputed property, which came to be dismissed on 09.06.1971. The same person, i.e., Brhamdeo Narayan, filed another suit in the year 1988 (i.e. after 17 years) for declaration and for injunction against the appellant herein and the State Authorities in respect of the disputed property. The said suit (renumbered as Title Suit No. 32/1993), with the fifth respondent and his mother and brother brought on record as the legal representatives of the original plaintiff after his death by means of substitution, came to be decreed ex-parte against the appellant and others on 06.06.1994. No notice was served on the defendants in the said suit. On 21.11.1994, the appellant herein filed what eventually came to be numbered as Miscellaneous Case No. 6/1999, for setting aside the ex-parte judgment and decree dated 06.06.1994 passed against him. After a long-drawn trial in Miscellaneous Case No. 6/1999, the same came to be allowed on 21.05.2003, and consequently the ex-parte decree passed against the appellant and others on 06.06.1994 in Title Suit No. 32/1993 was set aside, and the said title suit was restored to its original file and number. It was specifically held that notice had not been served on the appellant herein (a defendant in the Title Suit No. 32/1993). On 29.08.2006, the said suit (by now renumbered as Title Suit No. 01/2003) was dismissed.;