The regular second appeal by the defendant in O.S.74/2010 is directed against the impugned judgment and decree dated 22.04.2016 passed in R.A.123/2014 by the First Appellate Court, whereby the said appeal filed by the respondent – plaintiff challenging the judgment and decree dated 18.06.2011 passed in O.S.No.74/2010 by the Trial Court dismissing the suit was allowed by the first appellate court, which set aside the said judgment and decree passed by the trial court.

2. The said suit in O.S.No.74/2010 was filed by the respondent – plaintiff against the appellant – defendant for permanent injunction and other reliefs in relation to the suit schedule immovable property. The said suit having been contested by the appellant – defendant was dismissed by the trial court and NC: 2024:KHC:25169 RSA No. 100446 of 2015 challenged by the respondent – plaintiff in the aforesaid R.A.No.123/2014 before the first appellate court which allowed the appeal filed by the respondent – plaintiff and decreed the suit in its favour against the appellant – defendant. Aggrieved by the impugned judgment and decree passed by the first appellate court, the appellant – defendant is before this Court by