RAJENDRA DUTT KOTHARI Vs. NATHI PRASAD KOTHARI; NAGENDRA PRASAD KOTHARI; PRABHA DEVI, W/O LATE SRI RAVINDRA DUTT KOTHARI; DEEPAK KAPOOR

JUDGEMENT

(1.) This second appeal, preferred under Section 100 of Code of Civil Procedure, 1908, is directed against judgment and decree dated 15.10.2003, passed by learned Additional District Judge/7th Fast Track Court, Dehradun, in Civil Appeal No. 95 of 1995 (changed No. 6 of 1998), whereby said court has reversed the judgment and decree dated 17.02.1995, passed by the trial court (4th Additional Civil Judge, Dehradun) in Suit No. 54 of 1994, and decreed the suit with costs.

(2.) Earlier, this Second Appeal was decided by the Bench presided by Hon'ble Mr. Justice Rajesh Tandon, after hearing the parties, on merits on 07.01.2008, but said order was recalled vide order dated 06.05.2008, by said Bench, on review application, and the appeal was restored.

(3.) Heard learned counsel for the parties, and perused the lower court record.