K.N. Ojha, J. - (1.) Instant appeal has been preferred against the judgment and order dated 19.1.2005 passed by Shri S.K.S. Yadav, Additional District Judge in Misc. Case No. 18 of 2002 Varanasi Vikas Pradhikaran and others v. Mohan Lal and others , 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 Mohal Lal v. Varanasi Vikas Pradhikaran was set aside and consequently Civil Suit No. 176 of 1978 Mohal 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 respondent 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 Mohal Lal, his sons and daughters have been substituted as appellants.;