- (1.) Heard learned counsels for the parties.
(2.) It is admitted fact that the plaintiff Madina Begum had earlier filed Original Suit no. 588/1986 for permanent injunction against the U.P. Awas Vikas Parishad Thru Secretary and its officers for permanent injunction for the several lands including plot no. 330 situated in village Kohna Jhusi, Allahabad. Said suit no. 588/1986 was dismissed on 12-11-1992. Thereafter the same plaintiff Madina Begum had again filed another original suit no. 1035/1994 Anis Ullah & 8 Others vs. U.P. Awas Vikas Parishad for same defendant.
(3.) In Original Suit no. 1035/1994 Anis Ullah & 8 Others vs. U.P. Awas Vikas Parishad Thru Secretary the trial court had framed issues. Then issues no. 3, 4, and 5 relating to bar of original suit under legal provisions (1. Bar u/s 88(2) of U.P. Awas Vikas Parishad Act, 2. Bar u/s 11 CPC, and bar under Order VII Rule-11 CPC) were taken as preliminary issues. After hearing the parties Court of Civil Judge (J.D.)- West, Allahabad had decided the three issues by order dated 09-01-2009 in affirmative and against plaintiffs, and accordingly dismissed the suit. Aggrieved by this order of dismissal, the plaintiffs had preferred Civil Appeal No. 15/2009 Anis Ullah & 8 Others vs. U.P. Awas Awam Vikas Parishad, which was dismissed by the judgment dated 14-09-2015 of the Additional District Judge, Court No.-15, Allahabad. Against these judgments of the trial court and the first appellate court this Second Appeal has been preferred by the plaintiffs of the original suit.;