JUDGMENT

Sharad Kumar Sharma, J. - This Second Appeal, was preferred by the plaintiffs/appellants, challenging the impugned judgment dated 03.08.2012, as was passed by the Court of learned 3rd Additional District Judge, Rudrapur, District Udham Singh Nagar, which was rendered in Civil Appeal No. 12 of 2011, Niranj an Sardar and another Vs. Ravindra Nath Sardar and others, whereby the Appeal, which had been preferred by the plaintiffs/appellants, was dismissed and as a consequence thereto, it had resulted into an affirmation of the judgement and decree dated 21.02.2011, which was passed by the Court of Civil Judge (Junior Division), Rudrapur, in Civil Suit No. 44 of 2009, Niranjan Sardar and another Vs. Ravindranath and others, whereby the suit of the plaintiffs/appellants was dismissed.

2. The fact, as emerging for consideration, from the said suit, which was instituted by the plaintiffs/appellants were that, they had contended that they are the brothers and cousin brothers of the defendants/respondents to the suit and on account of a wrongful interference which was being made by them, over the property in question, they had instituted a suit for the grant of a decree of permanent in