Shree Chandrashekhar, J. - (1.) Parties have appeared.
(2.) The petitioners are aggrieved of order dated 30.07.2013 passed in Misc. Appeal No.39 of 2012 by which the order of dismissal of the application for injunction has been affirmed by the appellate court.
(3.) Briefly stated, Title Suit No.106 of 2008 was instituted for a decree for declaration of the plaintiffs' permanent occupancy raiyati right over Schedule-B land and for decree for confirmation of their possession over the suit lands. In the pending suit an application under Order 39 Rule 1 and 2 CPC was filed by the plaintiffs which has been dismissed on the ground that if order of injunction against the defendants is not granted it would not cause irreparable loss to the plaintiffs. However, the trial Judge has come to a conclusion that the plaintiffs have been able to establish a prima-facie case and in view of the fact that they are in possession of the suit lands balance of convenience is also in their favour. This order has been affirmed by the appellate court, but reversing the findings recorded by the trial Judge on the balance of convenience.;