Hon’ble Rajan Roy, J.—Heard Sri Siddharth Varma, learned counsel for the petitioners and Sri Amit Kumar Raj, learned counsel for the respondents.

This writ petition has been filed by the petitioners-defendants challenging the order of the first appellate Court dated 9.12.2011 passed in Civil Appeal No. 23 of 2009, whereby, the application of the respondent No. 3-defendant for transposition as appellant in the appeal filed by the sons of Ram Nagina, i.e. respondent Nos. 1 and 2 herein has been allowed. The facts of the case in brief are as under:

2. One Sukhdev Rai executed a gift deed dated 20.2.1958 in favour of Ram Nagina, Ram Niwas and Bhagwanti. Bhagwanti was the wife of Ram Niwas and daughter of Sukhdev Rai. Ram Niwas and Ram Nagina were brothers. It is asserted by the respondent No. 3 that the aforesaid gift deed was executed in view of the fact that Sukhdev Rai wanted his son-in-law to reside with him as gharjamai, which was not possible, therefore, in the alternative, an offer was made that Sri Ram Nagina, the brother of Ram Niwas would look after the properties of Sukhdev Rai and accordingly, the gift deed in question was executed and the marriage of Ram Niwas was