JUDGMENT :

Heard.

2. This is an appeal preferred by the defendant against the judgment and decree passed by the Court of Ad-hoc Additional District Judge, Washim on 04/02/2005. By the said judgment, the First Appellate Court allowed the appeal and decreed the suit. The defendant is restrained from interfering with the possession of the plaintiff over the suit land.

3. The Trial Court has dismissed the suit for the reason that plaintiff could not prove his possession over the suit land and also for the reason that simpliciter suit for permanent injunction is not maintainable. Whereas, the First Appellate Court reversed those findings and held that plaintiff is having better title than that of defendant. While admitting the appeal on 20/07/2005, this Court has framed following substantial questions of law:

“Whether the suit for permanent injunction without claiming the relief of declaration is maintainable in view of Section 34 of the Specific Relief Act, 1963?”

4. This substantial question of law was framed after hearing both the sides. In the regular course when the appeal had come up for hearing, learned Advocate for the respondent withdrew the power on 19/01/2021. This Court has issu