RAM SURAT RAM, J. - (1.) Heard Sri Shiv Nath Singh along with Sri Satyam Singh, for the appellant and Sri Shashi Nandan, Senior Advocate, assisted by Sri Vipin Kumar, for the respondents.
(2.) This is defendant's second appeal from the decree of Additional District Judge, Court No. 8, Bareilly, dated 20.02.2017, passed in Civil Appeal No. 654 of 2012 (Nagar Nigam, Bareilly v. Ram Bharose Lal Dharmarth Trust and another), dismissing the appeal and confirming the judgment and decree of Additional Civil Judge (S.D.),1st, Bareilly, dated 12.10.2009, passed in O.S. No. 246 of 2002.
(3.) Ram Bharose Lal Dharmarth Trust (hereinafter referred to as "the Trust") and Janaki Devi Inter College, Fatehganj Paschimi, (the respondents) filed a suit (registered as O.S. No. 246 of 2002) for permanent injunction, restraining Nagar Nigam, Bareilly from interfering in possession, creating any obstruction in use, occupation, working, levelling, development and raising constructions over plot 143, Block-D, City Improvement Plan near Railway Station, Bareilly Nagar comprised of khasra nos.123, 124, 125 (khewat khatas 25 and 77) of village Udaipur Khas, Bareilly.;