DINESH GUPTA, J. - (1.) THIS second appeal is preferred against the judgment dated 19.9.1998 passed by 1st Additional District Judge, Ghaziabad in Civil Appeal no.750 of 1987 arising out of judgment dated 16.9.87 passed by IV Additional Civil Judge, Ghaziabad in O.S. no.349 of 1985.
(2.) THE brief facts which give rise to this appeal are that : The plaintiff respondent, hereinafter called ''the respondent' filed a suit no.349 of 1985 for the relief of mandatory injunction against the defendant -appellant, hereinafter called ''the appellant' along with State of U.P. and Zila Prabandhak U.P. Anushuchit Jati Evam Vikas Nigam who are proforma respondents in this appeal.
(3.) THE suit was dismissed by the 4th Additional Civil Judge vide its order dated 16.9.1987. Feeling aggrieved, the respondent preferred an appeal before the District Judge which was registered as civil appeal no.750 of 1987 and same was transferred to the Court of 8th Additional District Judge, Ghaziabad who allowed the appeal vide its order dated 19.9.1998 and the suit of the respondent for mandatory injunction was decreed and the appellants were directed to remove their constructions in what soever shape from the disputed land of 668 sq. yd. from A B line in West side towards East and the land shall be measured 185' x 32.6". If they failed to remove their constructions or any material from the disputed land the same shall be removed through the process of law.;