Sudhir Agarwal, J. - (1.) This is defendant's appeal under Section 100 of Code of Civil Procedure (hereinafter referred to as "CPC") arising from judgment dated 09.05.1964 passed by Sri M. Murtuza Husain, Temporary Civil and Sessions Judge, Jaunpur in Civil Appeal No. 281 of 1963 dismissing defendant's appeal and confirming judgment of Trial Court dated 06.05.1963 passed by Sri Gauri Shankar Nath Tripathi, City Munsif, Jaunpur in Original Suit No. 532 of 1956 whereby Trial Court decreed suit of permanent injunction and restrained defendant-appellant from interfering with the possession of plaintiff-respondents in respect of property in dispute.
(2.) Five plaintiffs, Jay Karan, son of Mata Badal, Bodhai, son of Kamta Upadhyay, Ram Awadh, son of Shiv Balak Mishra, Thakur Prasad, son of Baijnath Dubey and Hari Shankar, son of Ram Sumer Upadhyay instituted Original Suit No. 532 of 1956 in the Court of Munsif City, Jaunpur against defendants Ram Lal and Raja Ram, sons of Mata Bhikh Upadhyay, Ram Kripal son of Ram Dular Upadhyay, Dharm Dev son of Raja Ram Upadhyay, Rajji, widow of Ram Sunder Upadhyay. During pendency of suit, Rajji, widow of Ram Sunder Upadhyay was deleted from array of parties and Sri Mata Prasad, son of Sukh Nandan Upadhyay, Ram Baran, son of Lakshmi Dutt Upadhyay and Nand Kishore, son of Ahibaran were impleaded as defendants-5, 6 and 7.
(3.) Plaintiffs sought permanent injunction restraining defendants from interfering with the possession of plaintiffs over property in dispute being Arazi No. 765, area 8-11, situate at Mauza Bhagwanpur and Arazi No. 349, area 9-86, situate at Mauza Fattupur, Pergana Gadhwara, District Jaunpur. They also sought a permanent injunction restraining defendants from changing nature of property in dispute, alienating the same or otherwise creating any damage to the same.;