Ritu Raj Awasthi, J. - (1.) Heard Mr.N.N.Jaiswal, learned counsel for the appellants and Mr.Pankaj Gupta, learned counsel for the respondents.
(2.) The second has been filed under Section 100 C.P.C. against the judgment and decree dated 30.8.2011 passed in Civil Appeal No. 60 of 2010 arising out of the judgment and decree dated 14.6.2010 passed in Regular Suit No. 393 of 1983; Sukhdev Prasad & others Vs. Sukhnandan (dead) and others.
(3.) As per the given facts, the respondents/plaintiffs had filed a suit for permanent injunction claiming the right of possession on the basis of ownership over half of the land in dispute bearing Plot no.1227 ka measuring 08 biswa and 10 dhur and 1228 kha measuring 02 biswa and 10 dhur situated at village Baswahi, Pargana Bihar, Tehsil Kunda, District Pratapgarh which was purchased on the basis of a sale deed dated 8.4.1983. The respondents had contested the suit by filing written statements. The trial court after considering the evidence on record and submissions made by the parties had dismissed the suit on 14.6.2010. The respondents/plaintiffs feeling aggrieved had thereafter filed the appeal before the lower appellate court. The lower appellate court had allowed the appeal by reversing the findings of the trial court by the impugned judgment dated 30.8.2011. The appellants/defendants have filed the instant second appeal thereafter.;