JUDGMENT :

CHANDRA KUMAR RAI, J.

1. Heard Mr. Sanjai Kumar Pandey, learned counsel for the petitioners, learned Standing Counsel for respondent Nos. 1, 2, 3, 6 and 8, Mr. S.K. Tiwari for respondent No. 4 and Mr. S.K. Pandey, learned counsel for respondent No. 5.

2. Brief facts of the case are that plaintiff-respondent No. 4 filed a case under Section 176 of the U.P.Z.A. & L.R. Act for partition of plot No. 364 area 0.683 hectare. There was defect in the suit as such, suit was dismissed with liberty to file a fresh suit vide order dated 27.07.2012. A fresh Suit has been filed by plaintiff-respondent No. 4 on 20.11.2014 in which petitioners were plaintiff/defendants have filed their written statement and declined plaint allegations. Trial Court/Sub-Divisional Officer, Bilsi, Badaun considering the evidence on record dismissed the plaint suit vide judgment and decree dated 29.03.2016. Against the judgment and decree dated 29.03.2016, passed by trial court plaintiff- respondent No. 4 filed an appeal before the Court of Commissioner and the Additional Commissioner vide judgment and decree dated 07.09.2017 allowed the suit, setting aside the judgment and decree of trial court dated 29.03.20