JUDGMENT :

Alok Kumar Verma, J.

The appellant-plaintiff had filed an Original Suit (O.S. No.939 of 2006) for the perpetual injunction. The said suit was dismissed on 16.12.2010. Against the said decree dated 16.12.2010, a Civil Appeal (No.100 of 2010) was filed. The respondent nos.1 and 2 had filed a cross-objection in the said Civil Appeal against the findings on issue no.1 and issue no.3 of the trial court. Later, the said cross objection was converted into Civil Appeal No.08 of 2011.

2. The Civil Appeal No.100 of 2010 has been dismissed on 24.10.2011 vide judgment and decree, passed by learned Additional District Judge/Vth F.T.C., Dehradun.

3. The Civil Appeal No.8 of 2011, filed by the defendant no.1 and defendant no.3, has been allowed by the learned Additional District Judge/Vth F.T.C., Dehradun.

4. The Second Appeals have been admitted on the following substantial question of law:-

“Whether the lower appellate court has committed error of law in not considering the fact that the name of the plaintiff/respondent was already recorded in Khasra and Khautani and as such the land could not have been said to be non identifiable as it could have been located with the help of sizra (map i