- (1.) THIS appeal arises out of the order dated 12th February, 2009 passed by the concerned Civil Judge (Senior Division), Kanpur Nagar directing the plaintiffs/appellants to deposit the ad valorem Court fees in connection with the suit in which the reliefs have been claimed by them in the nature of declaration and injunction.
(2.) APART from the incidental reliefs the main reliefs of the suit, as stated in the supplementary affidavit of the appellants, are as follows: " (i) Relief of declaration to declare the will deed dated 15/19-2-2001 is a void document. (ii) Relief of permanent injunction that the defendant-respondent 1st set and his servants and agents be restrained from interfering in the right and possession of the plaintiffs through force and further the defendant-respondent 1st set be restrained from alienating the said property in any other manner. "
(3.) FIRSTLY, the appellants wanted to take advantage of an interim order passed by a division Bench of this Court on 17th March, 2009 by saying that at one point of time the appeal was heard by a Division Bench, therefore, the same is required to be heard by the same Bench but when we find from the record that on several occasions plaintiffs/appellants obtained extension of interim order from this Bench without making any comment on it, the appellants switched over the submission on merit by saying that they wanted to clarify the position.;