The plaintiff in the Court below is the appellant in RFA No.4174/2012. He had filed a suit in the Court below for the relief of declaration and injunction with respect to the suit schedule properties as against defendants therein. Respondent No.1 in this appeal, who is the cross objector in RFA Crob.109/2013 was defendant No.1 in the Court below. She had also filed a counter claim in the Court below. The Court below by its judgment and decree dated 21.11.2012, decreed the suit of the plaintiff in part and ordered and decreed that the plaintiff and defendant No.2 are entitled to half share in the suit schedule properties. It also allowed the counter claim of defendant No.1 holding that she was entitled to half share in the suit schedule properties. It is the said judgment and decree, the appellant and cross-objector have assailed in their respective Regular First Appeal and Cross Objection in the said appeal respectively. The appellant has prayed for setting aside of the judgment and decree under appeal and also sought for dismissal of the suit of the respondent, where