Bharati Sapru, J. - (1.) This petition has been filed by the petitioner against an order dated 10.8.84 filed in Civil Appeal No. 69 of 1982 on an application moved by the petitioner- the defendant appellant for abatement of the appeal under Section 5(2) (a) of the U.P. Consolidation of Holdings Act, 1953.
(2.) The facts of the case are that the plaintiff respondents filed original suit No. 148 of 1976 seeking a permanent injunction to restrain the defendant- the present petitioner from raising any construction in bhumidhari plot No. 720 and 721 situated in village Muzaffarpur, District Azamgarh.
(3.) During the pendency of the suit, the present petitioner raised some constructions in the land in suit and the plaintiff, i.e., the respondents in the present case, amended the plaint and prayed for relief of demolition as well as construction and also claimed damages.;