Singhvi, J. 1. This is an appeal for setting aside order dated 16.5.2007 passed by the learned Single Judge of the Patna High Court whereby she dismissed the second appeal filed by the appellants and upheld the decree passed by 1st Additional District Judge, Jamui (hereinafter described as ‘the lower appellate Court’) in Title Appeal No. 20 of 1989/07 of 1999.

2. The respondents filed suit for grant of a declaration that by virtue of the sale deed executed in their favour by Bhuneshwar Tanti, son of Dukhan Tanti, they have become owner of the suit property, but a cloud has been created on their rights by the judgment and decree passed in Title Suit No. 13 of 1977 filed by Smt. Pariya Devi (predecessor of the appellants herein).

3. Smt. Pariya Devi contested the suit on several grounds including the one that the sale deed was illegal and was not binding on her because the same had been executed in violation of the order of temporary injunction passed on 6.5.1971 in Suit No. 49 of 1970.

4. On the pleadings of the parties, the trial Court framed the following issues:

“1. Whether the suit is legally maintainable.

2. Whether the suit is barred by law of limitation, estoppels, waiver