D.N.UPADHYAY, J. - (1.) This appeal has been preferred by the plaintiffs/appellants against the judgment dated 31st July, 2007 and decree dated 16th August, 2007 passed and signed by learned District Judge, Saraikella -Kharsawan in connection with Title Appeal No.02 of 2005, whereby judgment dated 21st July, 2005 and decree dated 1st August, 2005 passed and signed by learned Sub Judge, Saraikella in connection with Title Suit No.08 of 1999, have been affirmed and the appeal preferred by the appellants stood dismissed.
(2.) For convenience, the appellants shall be referred as plaintiffs and the respondents shall be referred as defendants.
(3.) This second appeal was admitted on 9th February, 2009 to decide the following substantial questions of law: - (a) Whether both the courts have committed grave error of law in decreeing the counter claim without complying the mandatory requirements of law? (b) Whether a decree for recovery of possession passed in a counter claim against the suit for mere is injunction is justified? ;