- (1.) Heard learned counsel for the appellant at the admission stage.
(2.) This is defendants' second appeal arising out Original Suit No.66 of 2006. The suit was decreed on 26.3.2010 by Additional Civil Judge (Senior Division)/Additional Chief Judicial Magistrate, Court No.14, Gorakhpur. Defendants were restrained from making any construction in the house in dispute without getting it partitioned. They were further restrained from interfering in the peaceful possession of the plaintiff-respondent no.1 over the house in dispute. Against the said judgment and decree Civil (Judges) Appeal no.12 of 2010 was filed which was dismissed by Additional District Judge, Court no.8, Gorakhpur hence this second appeal.
(3.) Plaintiff-respondent no.1 filed suit against his brother Nasir Khan and his four daughters. This appeal has been filed by the four daughters of Nasir Khan real brother of the plaintiffrespondent no.1. Nasir Khan father of appellants has been impleaded as respondent no.2.;