RITU RAJ AWASTHI,J. - (1.) Heard Mr. Pankaj Nath, learned counsel for appellants as well as Mr. Saurabh Lavania, learned counsel for respondents and perused the records.
(2.) This second appeal has been filed under section 100 CPC challenging the judgment and order dated 15.5.2017 and decree dated 15/23.5.2017 passed in Regular Civil Appeal No. 4 of 2013 (Awadh Bihari v. Devta Din ) arising out of judgment and decree dated 30.11.2012 passed in Regular Suit No. 419 of 2002 whereby the suit for permanent injunction filed by the respondents-plaintiffs was allowed and the first appeal preferred thereafter by the appellants defendants has been dismissed.
(3.) As per the given facts of the case, the respondents plaintiffs had filed a suit for permanent injunction claiming the possession over the land in question on the basis of their right and title which was conferred vide sale-deed dated 25.7.2002. The land in question is situated at Gata No. 456 measuring 0.520 hectare at village Thulwasa, Pargana and Tehsil Sadar, District Raebareli. It was alleged that the appellants-defendants were interfering in the peaceful possession of the respondents-plaintiffs and, as such the suit for permanent injunction was filed. It was decreed by the learned Trial Court. The appellants defendants feeling aggrieved had filed first appeal under section 96 CPC. The lower appellate Court after considering the contention has dismissed the appeal. The second appeal has been filed by the appellants-defendants thereafter.;