Hon’ble Mrs. Poonam Srivastava, J.—Heard Sri Sankatha Rai and Sri Purshottam Upadhyay, learned Counsels for the appellants and Smt. Swati Agrawal Advocate for the contesting respondents.

2. Second appeal No. 229 of 2007 arises out of original suit No. 96 of 1987, Baij Nath & Ors. v. Sonmati & Anr., which was dismissed on 1-10-1991 by the Additional Munsif Mohammadabad, Ghazipur. Civil appeal No. 242 of 1991, Baij Nath Ram & Ors. v. Sonmati & Anr., was preferred against the aforesaid judgment.

3. Second appeal No. 230 of 2007 arises out of Civil Suit No. 88 of 1987, Ramesh Bhar and Sonmati v. Baij Nath and Ram Chandar, which was decreed, against which regular appeal was filed vide Civil Appeal No. 243 of 1991, Baij Nath Bhar v. Ramesh Bhar & Ors. Both the appeals were dismissed by a common judgment dated 12-9-2006. Common evidence was led in both the cases as such both the second appeals are being decided together.

4. Record was summoned before the appeals were admitted, an interim order was granted in favour of the appellants. The suit instituted by the contesting respondents was for a decree for demolition against the appellants and for removal of unauthorized construction si