- (1.) Heard Sri Manish Kumar Nigam, learned counsel for the appellants, learned Standing Counsel appearing for respondents and perused the record.
(2.) This is a plaintiffs' appeal under Section 96 of Code of Civil Procedure (hereinafter referred to as 'C.P.C.') arising from judgment dated 2.4.2003 and decree dated 17.4.2003, passed by Sri S.N. Tripathi, Additional Civil Judge (Senior Division), Court No. 1, Moradabad dismissing Original Suit No. 522 of 1986.
(3.) Initially, suit was filed, by Bal Swaroop Bhatnagar in the Court of Munsif, Moradabad, vide plaint dated 6.11.1986, seeking a permanent injunction restraining defendant-respondents i.e. State of U.P. through Collector, Moradabad; Senior Superintendent of Police, Moradabad and Uttar Pradesh Rajkiya Nirman Nigam Limited through Executive Engineer from taking possession of property in dispute, unauthorisedly, by themselves or through their agents etc., and also not to raise any construction or store any building material and, if any building material is kept, the same be removed. Details of property are given at the bottom of the plaint. After death of Bal Swaroop Bhatnagar, his legal heirs i.e. three plaintiff-appellants, namely, Sandeep Bhatnagar, Sanjeev Bhatnagar and Puneet Bhatnagar (all real brothers and sons of Shri Kishan Swaroop Bhatnagar) were substituted as plaintiffs, and now appellants.;