Hon’ble Rakesh Sharma, J.—Heard Sri Anil Kumar Misra, learned counsel for the appellant and Sri Surendra Tiwari, learned counsel for the Caveator-Respondents.

2. This First Appeal From Order has come up for admission today.

3. This First Appeal From Order is directed against the judgment and order dated 14.5.2009 and the decree dated 25.5.2009, passed by the IInd Additional District Judge, Sonbhadra, in Civil Appeal No. 15 of 2008, setting aside the judgment and order dated 29th April, 2008, passed by the learned Trial Court in Case No. 142 of 1997, Hradeshwar Nath v. Nandlal and another.

4. It emerges from the record that a Suit was filed in the year 1997 by one Hradeshwar Nath, the appellant herein, against the respondents, Nandlal and Amarnath, seeking permanent injunction, restraining the respondents from interfering in peaceful possession over the agricultural property in dispute and the Bamboo Grove. A restraint order was sought, restraining the respondent from felling and cutting the Bamboo Trees. The Trial Court, that is, the IInd Additional Civil Judge (J.D.), Sonbhadra, by passing a detailed judgment dated 29th April, 2008, had set at rest the controversy raised i