JUDGMENT :

1. Heard Mr. Rajendra Kumar Tripathi, learned counsel for appellant ex-parte as none is responding on behalf of the respondents.

2. The present second appeal has been preferred by the appellant assailing impugned judgment and decree dated 26.3.2010 delivered by learned District Judge, Court No.-2 Gonda in Civil Appeal No. 135 of 2008 (Ram Naresh Vs. Banshraj and another) by which learned first appellate court has set aside the judgment and decree dated 12.9.2008 delivered by trial court of learned Additional Civil Judge (Jr. Div.) III, Gonda in Original Suit No. 253 of 1994 (Ram Naresh Vs. Banshraj and another).

3. The trial court had dismissed the suit of plaintiff/respondent no. 1 and first appellate court has decreed the suit of plaintiff/respondent no. 1 by setting aside impugned judgment and decree dated 12.9.2008 and held 1/3 share of plaintiff and both the defendants. It is directed by first appellate court to prepare preliminary decree accordingly.

4. It is pleaded in grounds of appeal that first appellate court has not appreciated oral and documentary evidence minutely and in correct perspective, as it was done by the trial court. It is also mentioned that disputed