- (1.) Heard Sri P.K. Ganguly, learned counsel for the appellants and Sri M.D. Singh Shekhar, learned Senior Advocate, appearing on behalf of the respondents.
(2.) This is an Appeal against the order of the Civil Judge (Senior Division), Kanpur Nagar, dated 2nd August, 2014 by which the Suit no. 107/14, filed by the appellants, under Order VII, Rule 11 of the Code of Civil Procedure (In short 'CPC'), has been rejected on the ground that the suit for declaration without seeking the relief of possession is not maintainable.
(3.) The appellants filed the Suit No. 107 of 2014, seeking following reliefs: "A) A decree for Declaration that the plaintiffs are the sole and exclusive owners of the premises No. 117/193, I- block, Navin Nagar, Kanpur Nagar, fully detailed and bounded below. B) A decree for Permanent Injunction restraining the defendants, their agents servants and assigns from causing any interference in the free ingress and egress by the plaintiffs and from forcefully dispossessing the plaintiffs from the suit accommodation viz ground floor portion, excluding one room on the front side of premises no. 117/193, I-block, Navin Nagar, Kakadeo, Kanpur, both fully detained at the foot of the plaint, and from taking its illegal possession till disposal of the suit. C) Cost of the suit be passed in favour of the plaintiffs and against the defendant. D)Any other relief which this learned court deems fit and proper in the circumstances of the case may also be passed in favour of the plaintiffs against the defendant.";