JUDGMENT

Goverdhan Bardhar, J.—Since both the second appeals arise out of common judgments and decrees passed by the Courts below, hence same are being decided by a common Judgment.

2. The plaintiffs appellants by filing second Appeal No.64/2019 have challenged the impugned judgment and decree dated 08.01.2019 passed by the Court of Additional District Judge No.1 Bundi (Raj.) [for short ‘the First Appellate Court’] in civil Appeal No. 02/2011 (CIS No. 59/2014) whereby the first appellate court dismissed the appeal filed by the plaintiffs appellants and partly maintained the judgment and decree dated 20.11.2006 passed by the Court of Additional Civil Judge (Jr. Division) No. 2, Bundi [for short ‘the trial Court’] in Civil Suit No. 21/2000 (19/1989) and quashed the judgment and decree passed by the trial court qua issue No.2(a).

3. By filing Civil Second Appeal No. 143/2019 the plaintiffs appellants have challenged the judgment and decree dated 08.01.2019 passed by the Court of Additional District Judge No. 1, Bundi (Raj.) [for short ‘the First Appellate Court’] in Civil Appeal No. 02/2011 (CIS No. 59/2014) whereby the First Appellate Court while allowing the cross appeal No. 30/2001