Anil Kumar, J. - (1.) Heard Shri Raghaw Ram Upadhyay, learned counsel for the appellant and Shri Girish Chandra Sinha, learned counsel for the respondents and perused the record.
(2.) Facts in brief of the present case are that initially, Abdul Hameed filed a suit for permanent and mandatory injunction registered as Regular Suit No. 15 of 1994 (Abdul Hameed versus Shakil Akhtar), dismissed by judgement and decree dated 28.04.1998 passed by passed by VIIIth Additional Civil Judge (Jr. Div.), Pratapgarh, challenged by filing Civil Appeal No. 100 of 1998 (Abdul Hameed (Dead) & others versus Shakil Akhtar), dismissed by judgement and decree dated 07.01.2017 passed by Additional District Judge, Court No. 1, Pratapgarh.
(3.) In view of the abovesaid facts, present second appeal has been filed under Section 100 CPC by Abdul Hameed (deceased) legal heirs versus Shakil Akhtar and another.;