JUDGMENT

Prakash Gupta, J. - Instant second appeal has been preferred against the judgment and decree dated 19.11.2010 passed by Additional District Judge No. 5, Kota (hereinafter referred to as the "Appellate Court") in Civil Regular Appeal No.89/2003 whereby the "Appellate Court" dismissed the appeal and confirmed the judgment and decree dated 31.10.2003 passed by Civil Judge (J.D.) No.3, North, Kota (hereinafter referred to as the "trial Court") in Civil Suit No.506/1991.

2. Brief Facts giving rise to the present appeal are that the respondent-plaintiff filed a suit against the appellant-defendant seeking permanent injunction. The suit of the plaintiff was decreed by the "trial Court" vide judgment and decree dated 31.10.2003.

3. Being aggrieved by the same, the appellant preferred an appeal before the "Appellate Court" which also came to be dismissed vide judgment and decree dated 19.11.2010. The appellant therefore, has filed the present second appeal.

4. It is submitted by learned senior counsel Shri Kamlakar Sharma appearing for the appellant that an application under Order 41 Rule 27 CPC was filed before the "Appellate Court" but the said application has not been decided by the