KANA DEVI Vs. SURYA PRAKASH

JUDGEMENT

(1.) This second appeal under Section 100 CPC is directed against judgment and decree dated 04.11.2011 passed by Additional District Judge, Sojat, whereby, the cross-objections filed by the appellants regarding judgment and decree dated 28.10.2010 passed by Civil Judge (Junior Division), Sojat have been dismissed.

(2.) The facts in brief may be noticed thus : the respondentplaintiff filed a suit seeking preemption regarding the suit property; the suit was dismissed by the trial court, however, while deciding certain issues, the trial court came to the conclusion that the wall between the suit property was of common ownership.

(3.) When against the dismissal of the suit the plaintiff filed first appeal, the appellants herein filed cross-objections questioning finding of the trial court regarding the wall being of common ownership.