Honble Sunil Ambwani, J.—Heard Shri G.L. Tripathi, learned counsel

for the appellant. Shri Sankatha Rai, Senior Counsel appears for the respondent.

2. This defendant’s second appeal arises out of Original Suit No. 420 of 1971 filed by Satya Narain-plaintiff for cancellation of gift deed dated 14.10.1970 executed by Smt. Laxmi Devi-defendant No. 1 in the suit, in favour of Janak Dulari-defendant No. 2, and for permanent injunction restraining the defendant from transferring the property in dispute to any person other than the plaintiff and defendant Nos. 3 to 6. The suit was decreed by Munsif, Fatehpur on 20.7.1977. The Civil Appeal No. 207 of 1977 was dismissed by 4th Addl. District Judge, Fatehpur on 8.12.1977.

3. The Second Appeal No. 3383 of 1978 came up for hearing on 2.3.2006 and was allowed setting aside the judgments of the Courts below, cancelling the sale deed. On that day no one appears for the respondents.

4. Shri Sri Prakash, the respondent filed a Special Leave to Appeal in

the Supreme Court. The Civil Appeal No. 623 of 2008 arising out of SLP (C) No. 13529 of 2006 was allowed on January 21, 2008 with the judgment and order as follows :

“Leave granted.

In the pre