SUDHIR AGARWAL,J. - (1.) Sri K.R. Singh, Advocate, has put in appearance on behalf of Gorakhpur Development Authority (hereinafter referred to as "GDA") and Sri Satyendra Kumar Singh has put in appearance on behalf of appellants in appeal of defendants second set and Sri J.S. Pandey, Advocate, has put in appearance on behalf of plaintiff respondents in both appeals.
(2.) These two appeals have come up under Section 96 of Civil Procedure Code (hereinafter referred to as "CPC") arising from common judgment and decree dated 29.05.2009 and 30.05.2009 respectively, passed by Sri J.K. Tiwari, Additional District Judge, Court no. 9, Gorakhpur in Original Suit no. 292 of 1994. Since both have arisen from a common judgment, hence have been heard together and are being decided by this judgment.
(3.) In First Appeal no. 531 of 2009, paper book has been filed by parties but in First Appeal no. 587 of 2009 paper book has not been filed. Learned counsel for appellant GDA stated that he may be permitted to address the Court on the basis of paper book of First Appeal no. 531 of 2009 of respective parties and documents which are on record in his appeal i.e. 587 of 2009. With consent of all the parties, we permitted him and proceed accordingly.;