Vineet Kothari, J. - (1.) THE lawyers are observing strike at the call of the Bar Council of India due to Allahabad Court incident, where a lawyer is said to have been shot dead by a policeman. The names of Mr. C.S. Kotwani, counsel for the appellant and Mr. Prashant Sharma, counsel for the respondents are shown in the cause list.
(2.) PERUSED the record. Since the referred mediation talks are stated to be successful and the parties have resolved their dispute in the present eviction suit, therefore, this appeal is being disposed of in terms of settlement. The appellant/plaintiff, Sunil Kumar S/o late Sh. Tota Ram, has preferred this second appeal under Section 100 of CPC, 1908, assailing the impugned judgment and decree dated 28.05.2008 passed by learned Additional District Judge, Raisingh Nagar, District: Sri Gangangar, in First Appeal No. 8/1999 (Hemraj v. Tota Ram & Anr.) filed by the defendant -Hemraj, who is now represented through his legal heirs, whereby the learned first appellate court below allowed the appeal filed by the defendant/respondent reversing the judgment and decree dated 06.05.1999 passed by learned Civil Judge (Jr. Division), Sri Vijay Nagar, whereby the suit filed by the appellant/plaintiff being Civil Original Suit No. 44/1996 (10/84) (Totaram v. Hem Raj & Anr.) for seeking eviction and possession was decreed with respect to suit shops No. 4 and 4/1 situated at Cloth Market, Sri Vijaynagar.
(3.) THE learned trial court of Civil Judge (Jr. Division), Sri Vijay Nagar, vide judgment and decree dated 06.05.1999 decreed the suit filed by the original plaintiff, Tota Ram, in the following manner: - -;