K.N. Ojha, J. - (1.) Instant appeal has been preferred against 19.1.2005 passed by Shri S.K.S Yadav, Addl. District Judge in Misc. Case No. 18 of 2002 Varanasi Vikas Pradhikan and Ors. v. Mohan Lal and Ors. whereby the review application was allowed and judgment and decree dated 31.5.2001 passed by his predecessor in Civil Appeal No. 209 of 1985 Mohan Lal v. Varanasi Vikas Pradhikaran was set aside and consequently Civil Suit No. 176 of 1978 Mohan Lal v. Varanasi Vikas Pradhikaran was dismissed.
(2.) Heard Sri A.N. Bhargava, learned counsel for the Appellants assisted by Sri R.K. Tiwari, Shri Ajit Kumar Singh, learned counsel for the respondents and have gone through the record.
(3.) It will be significant to mention here that during the pendency of the appeal Mohan Lal appellant died and Smt. Sursati Devi wife of Mohan Lal, his sons and daughters have been substituted as appellants.;