RITU RAJ AWASTHI,J. - (1.) Heard learned counsel for appellant as well as Mr. Moti Chand Yadav, learned counsel for respondents and perused the records.
(2.) The instant second appeal has been filed under section 100 CPC against the judgment and decree dated 13.1.2005 passed in Civil Appeal No. 42 of 1995 (Jagdish Singh v. Amresh Singh and another ) as well as the judgment and decree dated 28.1.1995 passed in Regular Suit No. 341 of 1992 (Jagdish Singh v. Amresh and another) whereby the suit for permanent injunction filed by the appellant-plaintif was dismissed and the first appeal filed before the lower appellate Court has been decided with consent of the parties' counsel in terms of the Commissioner's report and map which made part of the impugned judgment and decree.
(3.) At the time of filing of the appeal, the Court vide order dated 20.4.2005 has passed the following order: "The learned counsel for the appellant urges that no statement was given by the counsel for the appellant before the appellate Court, disowning the appellant's claim in respect of any land or stating that the appeal be decided on the basis of the statement of the parties' counsel. The learned counsel for the appellant also says that the judgment was pronounced in open Court so that the appellant's counsel could have refuted the observation of the Court about his having made any statement respecting compromise between the parties. He seeks time to file papers. List in the first week of May, 2005.";