( 1 ) BY means of this F. A. F. O. the appellant has challenged the order dated 13-1-1995 passed by Sri Bir Bhadra Singh the then learned VIIth Additional District Judge, Allahabad in Miscellaneous (Review) case No. 12 of 1991 allowing the review application and setting aside the judgments and order dated 13-2-1991 passed by his predecessor (XIth Additional District Judge, Allahabad) in Civil Appeal No. 267 of 1987 and fixing a date for fresh hearing of the said appeal.

( 2 ) THE facts giving rise to the present8 F. A. F. O. , briefly stated, were that the respondents Nageshwar Prasad and Smt. Gulab Kali, hereinafter, called the plaintiffs, filed suit No. 770 of 1986 against appellant Santosh Kumar, hereinafter called the defendant, for permanent injunction restraining the defendant from interfering in their peaceful possession over plot No. 287 ara 11 Bigha 17 Biswas, 13 dhoors situate at village Bhalua, Tappa Manda, Pargana Khairagarh, Tahsil Meja, District Allahabad with the allegations that Nawal Kishore was the Bhoomidhar in possession of the plot in suit. The said Nawal Kishore died on 27-9-1984 leaving Smt. Sonpati, his widow as his sole heir, who became Bh