- (1.) By this appeal filed under section 100 of the Code of Civil Procedure, 1908, the appellants (original plaintiffs) have impugned the order and judgment dated 17th November, 2014 passed by the learned Principal District Judge, Ratnagiri, dismissing Regular Civil Appeal No.39 of 2009 filed by the appellants, by which the appellants have impugned the rejection of part of the relief by the learned trial Judge in the suit for perpetual injunction or in the alternate for possession of the part of the suit property filed by the appellants is concerned.
(2.) For the sake of convenience, the parties described in this judgment are described as they were described in the proceedings before the learned trial Judge.
(3.) By consent of parties, the second appeal was heard finally at the admission stage by formulating substantial question of law on 30th August, 2016. Some of the relevant facts for the purpose of deciding this second appeal are as under :;