- (1.) The petitioner-plaintiffs are aggrieved by the order dated 20.12.2013 passed by Addl. Civil Judge (Sr. Div.), Jhunjhunu, whereby the learned Magistrate has allowed an application filed by respondent Nos.6 and 7 under Order 21, Rule 99 CPC and has directed that the evidence be recorded of both the parties.
(2.) The brief facts of the case are that the plaintiff, Munir Khan, husband of petitioner-plaintiff No.1 and father of petitioner-plaintiff No.2, filed a suit for permanent injunction before the Court of Civil Judge (Jr. Div.), Jhunjhunu, against respondent-defendant Nos.1 and 2, for his plot situated at Jhunjhunu. It was stated in the plaint that the plot was purchased by the plaintiff, Munir Khan, from the Municipality of Jhunjhunu. A Patta of the plot was issued in his favour, and he was in possession of the plot. However, he was stopped by the respondent-defendants from raising the boundary wall on the said plot. The respondent-defendant Nos.1 and 2 filed their written-statement denying the title and ownership of Munir Khan, on the plot. Instead, they claimed their possession and ownership on it. After hearing the parties, the learned trial court by judgment dated 3.9.1996 decreed the suit in favour of the plaintiff, and granted permanent injunction against the respondent-defendant Nos.1 and 2.
(3.) Being aggrieved of the judgment and decree dated 3.9.1996, the respondent-defendant Nos.1 and 2 filed a regular appeal before the Court of District Judge, Jhunjhunu. By judgment dated 24.2.1997 the learned appellate court dismissed the appeal.;