Anil Kumar, J. - (1.) Heard Alok Sharma, learned Additional Chief Standing for the appellant, Sri Mubin Ahmad, learned counsel for the respondents and perused the record.
(2.) Facts in brief of the present case are that initially, plaintiff-respondent had filed a suit for permanent injunction registered as Civil Suit No. 366 of 1995 (Heera Singh and another Vs. Forest Department U.P. & another), allowed by judgment and decree dated 24.11.1997 passed by passed by Second Additional Civil Judge (jr. Div.), Kheri, challenged by filing Civil Appeal No. 149 of 1997 (Forest Department U.P. and another Vs. Heera Singh & another), dismissed by judgment and order dated 15.03.2001 passed by 6th Additional District Judge,, Lakhimpur Kheri.
(3.) In view of the said factual background, present second appeal under Section 100 CPC has been filed.;