respondent had filed a suit for declaration on the ground that they are the owner and in possession of the property in dispute. The suit filed by the respondent was dismissed by means of the judgment and decree dated 02.11.2007. During pendency of the suit filed by the appellants, the said decree was challenged by the respondent in Regular Civil Appeal 182 of 2007 (Hari Om Vs. Mohd. Naseem and Others). The appeal filed by the respondent was allowed and judgment and decree dated 02.11.2007 was set aside by means of the judgment and decree dated 29.11.2010 passed by the Additional District and Sessions Judge, Court No.7, Lucknow holding the respondent owner and in possession of the land in dispute. Thus, the issue of ownership of the property in dispute was one and the same in both the suits and it was decided prior to the decision in the suit of the appellants, in the suit filed by the respondent. However, the suit filed by the appellant was allowed by means of the judgment and decree dated 20.09.2022 by the Civil Judge, Senior Division, Lucknow, therefore, the same was challenged by the respondent in the Regular Civil Appeal No.76 of 2002. The regular Civil appeal filed by the respondent has been allowed and the judgment and decree dated 20.09.2022 in the suit filed by the appellants has been set aside by means of the judgment and decree dated 02.08.2024 passed by Additional District and sessions Judge, Court No.8, Lucknow. Hence this second appeal has been filed assailing the same.
