JUDGMENT :

VIVEK RUSIA, J.

1. Appellant/Defendant No. 3 has filed the present second appeal being aggrieved by the judgment dated 30.01.1999 passed by IIIrd Additional District Judge, Indore in First Appeal No. 03/1997 affirming the judgment and decree dated 31.01.1997 in favour of plaintiff passed in Civil Suit No. 113-A/94 by Vth Civil Judge, Class-II, Indore.

2. By order dated 05.08.1999, this Court had dismissed the second appeal. Thereafter, defendant No. 3/appellant filed Civil Appeal No. 5835/2000 before the Hon'ble Supreme Court of India. Vide judgment dated 22.05.2007, by allowing the Civil Appeal the Supreme Court has remitted the second appeal back to the High Court for deciding on the following substantial questions of law:

(1) Whether the plaintiff's claim could be decreed without there being any challenge to the decision of the Revenue Authorities for restoration of possession to the appellant?

(2) Whether the learned Courts below are right in accepting the plaintiff's claim of possession in his own right or adverse possession?

(3) Whether the suit of the plaintiff was maintainable in view of the dismissal under Or. XI R. 21 of his earlier Suit No. 359/81?

3. At the very out