JUDGMENT :

RAVINDRA MAITHANI, J.

1. The present first appeal is preferred against the judgment and decree dated 27.11.2014, passed in Original Suit No. 326 of 2008, Shri Vimal Kumar Poddar and Another (“plaintiffs”) vs. State of Uttarakhand and Another (“defendants”), by the court of First Additional Civil Judge (Sr. Div.), Haridwar (“the suit”). By the impugned decree, the suit filed by the plaintiffs for declaration and permanent injunction has been decreed.

2. Heard learned counsel for the parties and perused the file.

3. The facts necessary to appreciate the controversy briefly stated are as follows:

The plaintiffs filed the suit for declaration of ownership of the disputed property. [land khewat No. 53, Khasra No. 246m, admeasuring 07 Bigha, 12 Bishwa Kham i.e. 1.21 Acre, situated in Village Sekhupura alias Khankhal, Pargana and Tehsil Haridwar within the limits of Nagar Palika Parishad, Haridwar. In its East, pathway and land of Smt. Aaradhana Jhunjhunwala; in the West river Ganges; in the North, pathway and in the South, land of Smt. Aaradhana Jhunjhunwala and land Khewat No. 53, Khasra No. 246m, admeasuring 09 Bigha Kham i.e. 1.5 Acre, situated in Village Sekhupura alias Kankha