(1.) Heard Sri Rakesh Kumar Maurya, learned counsel for the appellants, Sri Shesh Verma, learned counsel for the respondent and perused the record.
(2.) With the consent of learned counsel for the parties , present second appeal is being heard and decided at the admission stage.
(3.) Facts in brief of the present case are that initially, the plaintiff/ Suresh Pal had filed a suit for permanent injunction registered as Regular Suit No.761 of 2004 ( Suresh Pal Vs. Shiv Kumar and another) , dismissed by judgment and decree dated 1.4.2015 passed by Civil Judge (Junior Division),Court no.21 Raebareli , challenged by filing Civil Appeal No.12 of 2015 (Suresh Pal Vs. Shiv Kumar and another), allowed by means of judgement and decree dated 13.7.2017 passed by District Judge, Raebareli.