JUDGMENT :

This is a defendants’ Second Appeal, wherein they have put a challenge to the judgment dated 11th April 2022 and the consequential decree rendered thereto i.e. dated 18th April 2022, passed by the Court of 3rd Additional District Judge, Rudrapur, District Udham Singh Nagar in Civil Appeal No. 40 of 2018, Ghanshyam Singh and other Vs. Narendra Singh, as well as the judgment and decree dated 2nd May 2018 passed by the learned Court of Civil Judge (Junior Division), Rudrapur District Udham Singh Nagar in Civil Suit No. 85 of 2007, Sri Narendra Singh Vs. Ghanshyam Singh and others.

2. A very peculiar situation, which has chanced to be considered in the present Second Appeal is, that the plaintiff (respondent herein), when on 24th May 2007, had instituted the Suit, in relation to the property, which has been described in para 1, 2 and 3 of the plaint, had sought a decree as against the defendants, by modulating the relief therein in the following manner:-

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