Hon’ble Sunil Ambwani, J.—The order dated 4.8.2006 dismissing the second appeal for want of prosecution was recalled on 12.4.2007. On the same day the substitution application of Shri Satyendra son of Shri Sri Gopal Binnani, appellant No. 1/1 was allowed, and Shri Babu Gopal Binnani son of Late Shri Brij Gopal Binnani respondent No. 4 was transposed as appellant on the ground, that he had succeeded to the estate of his father. The parties were heard and the judgment was reserved.

2. This second appeal arises out of judgment and decree dated 31.7.1978 decreeing the suit filed by late Shri Brij Gopal Binnani, the plaintiff-appellant for possession over the property in suit on payment of Rs. 2,054.13 towards costs of constructions or such amount as the Court determines. The Civil Appeal No. 354 of 1978 filed by Smt. Rukmini Devi and others, the defendants against the decree was allowed by the District Judge, Azamgarh on 17.10.1979 with the findings that the defendant 1st set appellants have perfected their rights by adverse possession.

3. Late Shri Brij Gopal Binnani-the plaintiff appellant filed the suit for possession with the pleadings that the land in suit adjoins the Dharms