MOHINDER PAL, J.

1. Present Second Appeal has been preferred against the judgment and order of learned Fast Track Court No. 2 vide which Regular Civil Appeal No. 40 of 2004 preferred by the original plaintiff has been allowed. The original plaintiff has come in appeal as his civil suit being Regular Civil Suit No. 303 of 1993 was partly decreed in his favour.

2. The plaintiff Ahmedsha Bachusha Fakir (present respondent) filed Regular Civil Suit No. 303 of 1993 before the Court of Civil Judge (J.D.) Kalol claiming that he was owner and in possession of the suit land and the defendants (present appellants) have no concern or right to disturb his possession. Ahmedsha Bachusha Fakir died on 9.8.1996, however, LR of the deceased were never brought on record, therefore, the suit was abated but the Court proceeded further and decided the suit on 31st March, 1999 partly in favour of the plaintiff/ present respondent.

3. The present respondent (defendant in the trial Court) preferred the appeal before the District Court, Mehsana being Civil Appeal No. 89 of 1999 against the judgment passed by the learned trial Court, Mehsana. Similarly, son of the original plaintiff also filed civil