Hon'ble Dr. KOTHARI, J.—The present second appeal has been filed against the concurrent judgment of two Courts below. The first appellate court vide judgment dtd.5.5.2006 as well as the learned trial Court vide its judgment dtd.23.1.2006 rejected objections of the present appellant Prakash Solanki S/O respondent No.2 Mistri Achla Ram against an eviction decree in respect of suit premises; a residential house situated at Thanvi building, Station Road, Jodhpur under Order 21 Rule 97 C.P.C.

2. The said appellant – objector Prakash Solanki contended before the Courts below as well as before this Court through his counsel Sh. M.C. Bhoot that he was not impleaded by the respondent No.1 Tek Singh who filed an eviction suit against the respondent No.2 Achla Ram, his father despite in know of the fact that he was in possession of the suit property; a residential house and therefore, he was not bound by the decree. He further submitted that in a suit filed by the present appellant seeking injunction against the respondent No.1 Tek Singh, namely, the suit No.103/2000 – Prakash Solanki vs. Tek Singh, on a compromise between the parties, the learned trial Court had decided on 23.5.2003 t