Dr. Vineet Kothari, J. - (1.) THE present second appeal filed by the appellant/defendants namely, (1) Nathu Singh, (2) Madhu Singh, both sons of Nar Singh Ranawat, (3) Sajjan Singh S/o Nathu Singh Ranawat, and (4) Maan Singh S/o Vijay Singh Ranawat against the plaintiff -Ram Singh S/o Mohan Singh Ranawat, is arising out of the judgment and decree dated 02.02.2011 passed by the learned Additional District Judge (Fast Track), Rajsamand in Civil Appeal No. 22/2009 "Ram Singh Vs. Nathu Singh & Ors." who allowed the appeal filed by the respondent -plaintiff -Ram Singh and reversed the judgment and decree dated 02.08.2007 passed by the learned Civil Judge (Junior Division), Amet, District Rajsamand in Civil Original Case No. 118/1993 "Ram Singh Vs. Nathu Singh & Ors." by which, the learned Civil Judge (Junior Division) had dismissed the suit filed by the plaintiff -Ram Singh seeking declaratory and prohibitory injunction in relation to the plot of land admeasuring 23x44 ft. situated at village Saprao Ka Guda, Tehsil Amet, Gram Panchayat Idana, District Rajsamand.
(2.) THE learned Trial Court, after framing of the relevant issues arising out of the plaint and written statement of the parties and leading of relevant evidence, in its order dated 02.08.2007 observed as under: - Being aggrieved by the judgment and decree dated 02.08.2007 passed by the learned Trial Court, the plaintiff/respondent -Ram Singh filed the first appeal before the learned First Appellate Court of Additional District Judge (Fast Track), Rajsamand which was allowed on 02.02.2011, while reversing the judgment and decree dated 02.08.2007 of the learned Trial Court. The relevant portion of the discussion made by the learned First Appellate Court is quoted herein below for ready reference: -
(3.) IN the ultimate analysis of its discussion, the learned First Appellate Court, while allowing the appeal of the plaintiff, decreed the suit filed by the plaintiff -Ram Singh in the following manner - ;