JUDGMENT :

1. Heard Sri A.P. Tewari, learned counsel for the appellant and Sri P.K. Giri, learned Additional Chief Standing Counsel for the respondents.

2. This is plaintiffs’ appeal under Section 100 of Code of Civil Procedure (in short “CPC”) against the judgment and decree dated 04.08.2017 passed by Additional District and Sessions Judge/Special Judge (Gangster Act), Court No.8, Deoria in Civil Appeal No.45 of 2016 arising out of judgment and decree dated 22.11.2016 passed by Additional Civil Judge (Junior Division), Court No.24, Deoria in Original Suit No.983 of 2007.

3. The facts, in brief, are that the plaintiffs-appellants filed a declarator suit against the defendants-respondents for declaring them as the legal heirs of deceased Markandey Pandey and also for declaring Markandey Pandey as dead.

4. The plaint version is that, on 12.10.1996, Markandey Pandey left the home to visit Vaishno Devi Temple, but when no whereabouts were heard by the family members, a report of missing person was given to the concerned police station. Further, as the whereabouts of Markandey Pandey was not heard for 7 years and the defendants were not passing orders for entry in the revenue records of the