JASPREET SINGH,J. - (1.) Heard Shri Vivek Raj Singh, learned Senior Advocate along with Ms. Smriti Pandey, learned counsel for the appellants and Shri Ashish Kumar Srivastava, learned counsel for the respondents.
(2.) The instant second appeal under Section 100 CPC arises out of the judgment and decree dated 07.04.2010 passed by the Additional Session Judge, Court No.3 (Fast Track) Gonda in Civil Appeal No.42/2006 whereby it has reversed the judgment and decree passed by the trial court in R.S. No.84/2006 by which the suit of the plaintiff was decreed.
(3.) Briefly, the facts giving rise to the above second appeal are being noticed hereinafter.;