JUDGMENT :

1. By this order, preliminary objection raised by the learned counsel for the respondent No.1 with regard to the maintainability of this appeal is proposed to be determined.

2. Before coming to the preliminary objection raised by the learned counsel for the respondent No.1, let me give a brief background of the facts leading to filing of this appeal.

3. It appears that the respondent No.1 had filed a suit against the appellant and respondents 2 and 3 before the Court of Principal District Judge, Kargil. Through the medium of said suit, the plaintiff had sought a declaration that he is owner of land measuring 1½ kanals situated at Khurbathang Kargil, which he had purchased from the appellant and respondent No.3, who happened to be the proforma defendants No. 2 and 3 to the suit. A permanent injunction restraining the defendants from proceeding with the construction of house on the aforesaid land with a mandatory injunction directing the defendants to remove the material from the suit land was also sought

4. It appears that the suit was decreed in exparte in favour of the plaintiff i.e. the respondent No.1 herein, by virtue of an exparte judgment and decree dated 13.12.2019. A