The appellants were defendants in the suit. The suit was filed for permanent injunction and demolition of some part of the disputed property.
Learned counsel for the appellants submitted that earlier the plaintiff has filed Suit No. 98 of 1999 in respect of the same property which has been withdrawn vide order dated 4.12.2011. For the same cause, Suit No. 266 of 2000 has been filed. The defendants have taken a specific plea that the suit is barred by res judicata still neither the trial court nor the appellate court has recorded any finding in this regard.
The matter requires consideration.
Issue notice to the respondent returnable at an early date. The appellants may take steps within one week. Office is directed to summon the record of the trial court at the cost of the appellants. The appellants shall deposit the cost within two weeks.
List the matter after four weeks for admission.
Till the next date of listing, the operation of the order dated 18.11.2008 passed in Suit No. 266 of 2000 and the order dated 10.11.2010 passed by the appellate court in Civil Appeal No. 85 of 2008 shall remain stayed.
Order Date :- 23.3.2012 OP