JUDGMENT :

ANIL KUMAR CHOUDHARY, J.

1. Heard the parties.

2. No one turns up on behalf of the respondents in-spite of repeated calls. Hence, this appeal is heard ex-parte.

3. This appeal has been filed by the appellants under Section 100 of the Code of Civil Procedure against the impugned order and decree dated 28.06.2005 passed by the Additional District Judge FTC-III, Bokaro in Title Appeal No. 17 of 1999 whereby and whereunder, the learned first appellate court has dismissed the appeal filed by the appellants as the same has abated as a whole.

4. The brief facts of the case is that the respondents herein filed Title Suit No. 36A of 1991-1A of 1998 with a prayer to declare the allotments sought to be made by the defendant nos.1 and 2 in favour of defendant nos.3 to 8 is arbitrary, discriminatory, fake, illegal and void with further declaration that plaintiffs being a displaced person is only entitled to get the first preference in allotment and grant of permanent injunction.

5. The learned trial court vide its Judgment dated 8th March, 1999, partly decreed the suit on contest against some of the defendants and ex-parte against the rests of the defendants and declared that the rejection