R. H. Zaidi, J. - (1.) Heard learned counsel for the parties and also perused the record.
(2.) By means of this petition filed under Article 226 of the Constitution of India, petitioner prays for issuance of a writ, order or direction in the nature of certiorari quashing judgment and order dated 26.5.1992 passed by 1st Additional District Judge. Sultanpur, allowing the appeal filed by contesting respondent No. 3 and staying operation of judgment and decree passed in Original Suit No. 189 of 1983.
(3.) Relevant facts of the case in brief are that the petitioners filed Original Suit. No. 189 of 1983 for partition of the property in dispute. The said suit was decreed on the basis of the compromise vide judgment and decree dated 23.5.1983. Thereafter, respondent No. 3 filed Original Suit No. 619 of 1989 for declaration that Judgment and decree passed in O.S. No. 189 of 1983 was null and void. In the said suit, he had also filed an application for grant of interim injunction under Order XXXIX, Rule 2. C.P.C. with the prayer that the defendants in the said suit be restrained from interfering in his possession over the property in dispute. The trial court by its Judgment and order dated 15.11.1990 granted injunction. The operative portion of the said order is quoted below : ..(VERNACULAR MATTER OMMITED)..;