(1.) THIS appeal and the cross objections are taken up and decided together.
(2.) THE brief facts as are necessary for the disposal of this case are as follows.
(3.) IN this regard, the learned Counsel for the appellants would draw attention to the circumstance that during the pendency of the appeal before the lower appellate court, the respondents 9 to 16 chose to file a memo dated 12.4.2010 in the course of the hearing of the appeal through his advocate, which reads as follows: