DEEPAK KUMAR Vs. DOLAN DEVI

JUDGEMENT

(1.) By way of instant appeal, appellants have assailed judgment and decree dtd. 13/9/2010, passed by the learned Presiding Officer, Fast Track Court, Mandi, District Mandi, H.P. in Civil Appeal No. 90 of 2009. The respondents/cross­ objectors have also assailed the judgment and decree dtd. 13/9/2010 passed by the learned Presiding Officer, Fast Track Court, Mandi, District Mandi, H.P. in Cross­Objection No. 266 of 2011. Whereas, the appellant/plaintiffs are aggrieved against the impugned judgment and decree, in so far it affirmed the judgment and decree passed by the learned Civil Judge (Senior Division), Mandi dtd. 8/7/2009 in Civil Suit No. 40 of 2005, the Cross­Objectors have assailed the dismissal of their cross­objections by the learned Lower Appellate Court.

(2.) Regular Second Appeal No. 558 of 2010 and Cross­ Objection No. 266 of 2011 are being decided by a common judgment as common questions of law and facts are involved.

(3.) Appellants herein were plaintiffs and respondents/cross­objectors were defendants in Civil Suit No. 40 of 2005 before learned trial court. In order to avoid confusion, the parties hereto, shall be referred by the status, as they held before the learned trial Court.