(1.) With the consent of learned counsel for both the parties, this appeal is heard finally.
(2.) The appellants/defendants No. 1 to 5 have filed the Second Appeal under Sec. 100 of the C.P.C. challenging the judgment and decree dtd. 11/3/2011 passed by the learned District Judge, Raigarh District - Raigarh in Civil Appeal No. 22-A/2009, by which learned District Judge, Raigarh has allowed the appeal reversing the judgment and decree dtd. 15/9/2009 passed by the Civil Judge Class -2, Kharsiya, District - Raigarh in Civil Suit No. 114-A/2009 by which learned Civil Judge Class-2 has dismissed the suit.
(3.) The appeal was admitted on 23/2/2021 on the following substantial question of law :-