JUDGMENT

Sharad Kumar Sharma, J. - The brief facts, which engage consideration in the present Second Appeal are that, principally, in relation to the properties, which was lying in plot Nos. 235/1, 235/2 and 235/3, were earlier made as a subject matter of the proceedings of a Civil Suit, being Civil Suit No. 425 of 1925, which was decided by the then Court of Munsif, Deoband, by virtue of a judgment dated 19.11.1925, whereby, the suit of the plaintiff, therein was partially decreed, only in relation to relief 'a' of the plaint. This judgment, though it had been referred in the present Second Appeal, but it may not be of much relevant consideration for the purposes of deciding the present Second Appeal.

2. The present Second Appeal has been preferred by the defendants/appellants herein, alleging themselves to be aggrieved against the judgment and decree dated 28.01.2012, as was rendered by the Court of Additional District Judge/2nd FTC Haridwar, in Civil Appeal No. 7 of 2005, Sukhbiri Vs. Mahesh Lata and Another, by virtue of the said judgment of the Appellate Court, the appeal, which was preferred by the defendants/appellants was dismissed and, consequently, it was resulting into aff