This appeal by special leave arises from the judgment of the learned single Judge of this Allahabad High Court, made on April 21, 1978 companyfirming the decree of the trial Court and appellate Court granting a perpetual injunction against the appellant and the second defendant restraining them from making any companystruction on the land in dispute, as shown in the map annexed to the plaint and also mandatory injunction to demolish the companystruction in so far as it relates to the companystruction on such land.
As a result, the Court numbered on that date that The effect thereof should be brought to the numberice of the companyrt when the appeal was to be heard on merits.
The second defendant remained ex parte in the trial Court and the decree as against him had become final.
Consequently, when the matter had companye up for hearing on merits, the learned Judge proceeded on the premise that the decree as against the second defendant being joint and inseperable, the same had become final, as against the second defendant it was abated and so it would number be proper to go into the merits in the matter.
The appellant first defendant carried the matter in appeal which was companyfirmed and the second appeal was filed.
