KUNWAR SHAILESH BITTAN Vs. MUKESH YADAV

JUDGEMENT

(1.) Since both the above second appeals arise out of common judgement and decree dated 30.4.2016 passed by the trial court in Suit No.132 of 2007 (Kunwar Shailesh Bittan Vs. Shri Mukesh Yadav and another) and Suit No.1348 of 2007 (Mukesh Yadav and another Vs. Shailesh Bittan) as well as the common judgement dated 28.1.2017 passed by the appellate court in Civil Appeal No.56 of 2016 and 55 of 2016 filed by Kunwar Shailesh Bittan, the appellant herein, therefore both the second appeals are being heard together and decided by this common judgement.

(2.) By the order dated 30.4.2016, the trial court has dismissed the suit no.132 of 2007 filed by the plaintiff appellant-Kunwar Shailesh Bittan and decreed the suit no.1348 of 2007 filed by Mukesh Yadav and another. Aggrieved by the judgement of the trial court the appellant-Kunwar Shailesh Bittan has filed two appeals being civil appeal no.56 of 2016 and 55 of 2016 which were dismissed by the appellate court by the common order dated 28.1.2017.

(3.) Heard Sri Shyam Surat Shukla, learned counsel for the appellant and Sri Bharat Pratap Singh, learned counsel for the respondents.