Arun Palli, J. - (1.) CM No. 4605 -C of 2013.
(2.) FOR the reasons stated in the application, the same is allowed. The delay of 166 days in refiling the appeal is condoned. RSA No. 1744 of 2013 (O&M) Suit filed by the plaintiffs was dismissed by learned trial Court vide judgment and decree dated 10.05.2011. Appeal preferred against the said decree also failed and was, accordingly, dismissed by learned first Appellate Court, vide judgment and decree dated 18.05.2012. That is how, the plaintiffs are before this Court in this Regular Second Appeal. Parties to the lis, hereinafter, would be referred to by their original positions in the suit.
(3.) IN a suit filed by plaintiffs, they prayed for a declaration that the judgment and decree, passed by the then learned Sub Judge 1st Class, Gidderbaha, in Civil Suit No. 306 dated 19.10.1972 decided on 23.10.1972, regarding land measuring 126 kanal 18 marlas was illegal, null and void. Consequently, even the mutation No. 8618, which was sanctioned pursuant to the said decree, was also liable to be set aside. Thus, plaintiffs prayed for a decree for joint possession of the suit property and by a consequential relief prayed for injunction restraining defendants No. 1 to 4 from alienating the suit land.;