JUDGMENT :

MALASRI NANDI, J.

1. Heard Mr. B. Sarkar, learned counsel for the appellants. Also heard Mr. P.K. Roy, learned counsel for the respondents.

2. This appeal under Section 100 of CPC has been preferred by the appellants on being highly aggrieved with the order dated 21.07.2009 passed by the learned Additional District Judge, FTC, Karimganj in Title Appeal No. 2/2008, dismissing the appeal on the ground of abetment.

3. This appeal was admitted on the following substantial question of law:

(i) Whether the findings of the learned trial court in the impugned order dated 21.07.2009 are perversed?

4. The facts leading to the case is that the appellants who are legal heirs of original plaintiff Amir Ali. The said Amir Ali as plaintiff filed a suit before the Assistant District Judge, Karimganj, vide Title Appeal No. 21/1996 praying for declaration of plaintiffs’ land holder right, title, interest and possession along with proforma defendant Nos. 15 and 16 in respect of the suit property and also for recovery of khass possession of the same against the respondents/defendants. After conclusion of trial, the suit was decreed in favour of the plaintiff/appellants.

5. On being aggrieved and d