- (1.) Supplementary affidavit filed today is taken on record.
(2.) The remittal order dated 27.11.2018 passed by the first appellate court in Misc. Civil Appeal No.02 of 2018 (Anurag Keharwani and others Vs. Neeraj Kumar Srivastava and others) is under challenge in the present petition with the only assertion that the first appellate court while remitting the matter back for fresh consideration on temporary injunction application, did not restrain the defendants from making further construction over the suit property.
(3.) The submission is that a representative suit after seeking leave of the Court under Order 1 Rule 8 of the Code of Civil Procedure namely Original Suit No.26 of 2012 (Neeraj Kumar Srivastava and others Vs. Anurag Kesharwani and others) has been filed by the plaintiffs seeking permanent prohibitory injunction against the defendants restraining them from making any construction for encroachment of a Public Path (Gali) of 6 feet, the disputed property shown by letter '?' '?' '?' ?' in the plaint map.;