VINEET KOTHARI,J. - (1.) THIS second appeal is arising out of the judgment and decree dated 12.05.2009 passed by the Additional District Judge, Nagaur in Civil Appeal (Decree) No.4/1998 - Shaukat Ali Vs. Mohammed Sabir, who dismissed the appeal filed by the present appellantsdefendants and affirmed the judgment and decree dated 21.01.1998 passed by the Civil Judge (Jr.Division) and Judicial Magistrate, Nagaur in Civil Original Suit No.86/1978 (42/1992) - Alladeen vs. Allabux by which, the learned Judge had decreed the suit filed by the plaintiff Alladeen seeking permanent injunction and possession in relation to suit land situated in Loharpura, Nagaur.
(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 judgment dated 21.01.1998 observed as under: -
(3.) IN the ultimate analysis, the learned Trial Court finding that the plaintiff has been able to make out his case, passed the final order as under: - IMAGE 2 Being aggrieved by the judgment and decree dated 21.01.1998 passed by the learned Trial Court, the defendantsappellants filed the first appeal before the Additional District Judge, Nagaur namely Civil Appeal (Decree) No.4/1998 which was dismissed on 12.05.2009, while affirming the judgment and decree dated 21.01.1998 of the learned Trial Court. The relevant portion of the discussions made by the first Appellate Court is reproduced hereinbelow for ready reference: - IMAGE 3;