JHABBAR PRASAD AND ANOTHER Vs. MUNNI DEVI

JUDGEMENT

(1.) As both these second appeals are directed against the same impugned judgment and order dated 6.9.2018 passed by the District Judge, Basti, in Civil Appeals No. 70 of 2017, Jhabbar Prasad and another Vs. Munni Devi and 82 of 2017, Jhabbar Prasad and another Vs. Munni Devi, and the parties are the same, both these appeals are heard on admission together and are being disposed of by this common order.

(2.) Heard Sri Rakesh Kumar Yadav, learned counsel for the appellant and Sri Ashutosh Pandey, learned counsel for caveator- respondent on the point of admission. Perused the available record.

(3.) The brief facts giving rise to the dispute between the parties are that the plaintiffs/appellants Jhabbar Prasad and Phagu, who are real brothers, filed Original Suit No. 359 of 1998, Jhabbar Prasad and another Vs. Mst. Munni Devi, in the court of Civil Judge (Senior Division), Basti, seeking relief of permanent injunction against the defendant -respondent Mst. Munni Devi, who is the widow of their elder brother, in respect of the disputed plot of land no. 81 measuring 1 Biswa 18 Dhoors, situated in Village Saraiya Khurd (Kusaura Bazar), Tehsil and District Basti.