K.C. Agrawal, J. - (1.) This appeal under Order XLIII, Rule 1 (r) of the Code of Civil Procedure has been preferred by the defendants-appellants against the order of the Court below granting injunction to the plaintiff-respondents Sanjay Kumar restraining the defendants-appellants (here-in-after referred to as the decree-bolder) from executing the decree obtained in suit No. 75 of 1965, which was subsequently affirmed by the High Court in second appeal No. 1414 of 1974.
(2.) The facts, briefly stated, are these. It is alleged that the predecessors in interest of the defendants-appellants (decree-holders) had purchased the house situated towards the east of the disputed land under the sale deeds in the years 1860 and 1876 respectively. The disputed land sold to their predecessors, was in possession of their predecessors and thereafter the defendants. They claimed that the constructions made by the judgment-debtors were illegal and that the Sahan could not be used by the judgment-debtors.
(3.) Suit No. 186 of 1985 was filed by the judgment-debtors.;