B.L.Yadav, J. - (1.) The defendants have filed the present Second Appeal under Section 100 of the Code of Civil Procedure, 1908 (for short the Code) against the decree dated 19.7.67 passed by the Additional Civil Judge, Azamgarh dismissing the Civil Appeal No. 44 of 1966 filed by the appellant as having abated as the plaintiff respondent 1/3 Abul Hasan Shah was not impleaded as one of the respondents, rather one Anwarul Hasan was arrayed as respondent No. 3. As the decree of the trial court was indivisible, hence the appeal cannot be maintained against the other plaintiffs as there was chance of conflicting decree being passed.
(2.) The plaintiff respondents have filed the suit under order 1 Rule 8 of the Code for permanent injunction restraining the defendants from interfering with the plaintiff's possession over the land which was the graveyard in which the members of the family of plaintiffs and the defendants second set were buried. Even on certain occasions the dead bodies of Muslims of the town of Kopaganj including ancestors of the family of defendants first set,were also buried in this land on payment of remuneration with express sanction of the plaintiffs and defendants 2nd set and their ancestors. The defendants first set have no rights to bury their deads without the express sanction of the plaintiffs and defendants 2nd set. As the defendants first set, the present appellants were threatening to interfere with the peaceful possession of the plaintiff respondents and their right to management over the land in dispute, hence the necessity for filing the suit.
(3.) The suit was contested by defendants 1 to 8 and 10 to 13 and 13 on the ground that the old settlement plot No. 27 was a public grave yard since the time immemorial and the dead bodies of Muslims of Kopa Ganj are buried in it without any impedimen, and without the permission of anybody. The entire plot No. 27 was a dedicated land and the same vests in the God Almighty. The suit was, however, dismissed.;