JUDGMENT

A.K. MATHUR, J.—

1.Leave granted.

2.This appeal is directed against the order passed by learned Single Judge of the High Court of Madhya Pradesh at Gwalior on 22.8.1989 in First Appeal No.1 of 1975 whereby the learned Single Judge set aside the judgment and decree of the trial court and allowed the appeal and dismissed the suit. Aggrieved against this order the present special leave petition was filed but prior to this one L.P.A. against this order was filed before the Division Bench of the High Court of Madhya Pradesh which came to be registered as L.P.A.No.55 of 1989 whereby the Division Bench held that the present L.P.A. was not maintainable as the State has abolished the same and the said decision was upheld by this Court. Subsequently, the State Government restored the same but in the meanwhile, this appeal came up before the Division Bench and the Division Bench of the High Court dismissed the L.P.A. as not maintainable in view of the decision of the High Court in Harshlal Dwivedi v. State of M.P.& Ors decided on 29.8.2005. Thereafter the present appeal was filed against the order dated 22.8.1989 passed by learned Single Judge in F.A.No.1 of 1975. Office reported that t