DINESH GUPTA, J. - (1.) THIS second appeal is preferred against the judgment dated 29.10.1996 passed by Civil Judge (S.D.), Bareilly in Civil Appeal No.17 of 1986 dismissing the appeal as abated arising out of O.S. no.372 of 1976 decided on 25.1.86.
(2.) THE brief facts which give rise to this appeal are that the appellants preferred suit no.372 of 1976 against the respondents for the relief of permanent prohibitory injunction restraining the respondents from raising the construction over the disputed property. In the original suit the dispute was in respect of gata no.756/2 measuring 10 biswa situate at village Surkha inside the boundaries of Nagr Palika and is famous as Takia Kabristan Badalshah in which the residents of Mohalla Kelabagh buried their deceased relatives. The defendants are interfering over the said property and to protect this property the present suit has been filed. The suit was resisted by resident who belonged to the Hindu community and denied that the said property in dispute was Kabristan and also claimed their possession over the property in dispute. The suit was dismissed by the trial court vide its order dated 25.1.1986.
(3.) FEELING aggrieved the appellants preferred civil appeal no.17 of 2086 which was transferred to the court of Civil Judge (S.D.) Bareilly, who vide order 29.10.1996 dismissed the appeal as abated.;