SHIV NATH PRASAD VISHWAKARMA Vs. GANGA

JUDGEMENT

(1.) Heard Sri R.C. Singh, learned counsel for appellant and Sri L.P. Tiwari, Advocate for respondents in Second Appeal No. 484 of 1997 and Sri L.P. Tiwari, Advocate for appellants in Second Appeal No. 260 of 2005 under Order 41 Rule 11 C.P.C.

(2.) These appeals are arising from the judgment dated 31.01.1997 passed by Civil Judge (Senior Division), Gorakhpur in Civil Appeal No. 112 of 1995 instituted by defendants, allowed in part, and modified Trial Court's judgement dated 28.09.1995, in Original Suit No. 129 of 1987. Since the Lower Appellate Court has modified Trial Court's judgment and decree whereby the suit of plaintiff was decreed in its entirety, both the parties have come up in appeals before this Court under Section 100 of the Code of Civil Procedure.

(3.) The Second Appeal No. 484 of 1997 is preferred by plaintiff-appellant (hereinafter referred to as the "plaintiff") and connected Appeal No. 260 of 2005 is preferred by defendants-appellants (hereinafter referred to as the "defendants").