SHAUKIN SINGH Vs. BISHAN SINGH

JUDGEMENT

(1.) Tersenessly, the facts, culminating in the commencement, relevant for deciding the instant regular second appeal and emanating from the record, are that Bishan Singh son of Asa Singh (since deceased), now being represented by his legal representatives, respondent-plaintiffs (for brevity "the original plaintiff"), filed the suit against Shaukin Singh, Nirmal Singh and Sirmour Singh sons of Mehar Singh appellant-defendants (for short "the defendants"), for a decree of possession, by way of partition of the residential houses/property in question. After completion of the codal formalities, the trial Court decreed the suit and passed a preliminary decree for possession to the extent of share of the property in litigation in favour of the original plaintiff, by virtue of impugned judgment and decree dated 13.3.2004.

(2.) Aggrieved by the decision of the trial Court, the defendants filed the appeal alongwith an application for additional evidence. The Ist Appellate Court, without deciding/touching it, dismissed the main appeal on merits, by means of very cryptic impugned judgment and decree dated 8.10.2007.

(3.) The appellant-defendants still did not feel satisfied with the impugned judgments and decrees of the Courts below and preferred the present regular second appeal.