THAKUR SINGH Vs. BHIMSEN

JUDGEMENT

(1.) BY means of present second appeal, defendants / Judgment Debtor / appellants seek to set aside the judgment and decree dated 19.08.2014, passed by learned Addl. District Judge, Kashipur, District Udham Singh Nagar in Misc. Civil Appeal no. 36 of 2012, titled as Thakur Singh and others vs Bhimsen and other, as also the judgment and order dated 10.02.2012, passed by learned Civil Judge (S.D.), Kashipur, District Udham Singh Nagar in Civil Execution no. 02 of 2009, captioned as Bhimsen vs Thakur Singh and others.

(2.) PLAINTIFF / respondent no. 1 is the decreeholder in the instant case and the second appeal has been preferred against the judgment and decree dated 19.08.2014, passed by learned Addl. District Judge, Kashipur, District Udham Singh Nagar.

(3.) AFTER hearing learned counsel for the appellants and respondents, following substantial question of law is framed in present second appeal: