Hon’ble Pratyush Kumar, J.—There are two appeals arising out of the proceedings of Original Suit No. 323 of 2006 (Badri Prasad and another v. Gyan Prakash and others). FAFO No. 1282 of 2010, filed under Section 6 A of the Court Fees Act, 1870 read with Section 104 C.P.C., is directed against the order dated 17th April, 2010 passed by Additional District Judge (Court No. 2), Allahabad, whereby issue No. 1 in respect of valuation and payment of Court fees has been decided against the appellants/plaintiffs (hereinafter referred as appellants). The other i.e. First Appeal No. 279 of 2010 (Badri Prasad v. Gyan Prakash and others), filed under Section 96 of the Civil Procedure Code, is directed against the judgment and decree dated 31stMay, 2010 passed by the Additional District Judge (Court No. 2), Allahabad. Since both the matters are inter-connected, these appeals are decided by a common judgment.

2. Before noticing the arguments of the parties, we would like to have a glimpse of the facts, relevant for the present purpose, as gleaned from the pleadings of the parties.

3. Briefly stated the appellants-plaintiffs, filed a suit against respondent Nos. 1 to 3 with prayer to decla