S. T. KHARCHE, J.

( 1 ) INVOKING the jurisdiction of this Court under section 100 of the Code of Civil Procedure, this appeal has been filed challenging the judgment and decree dated 18-7-1989 passed by the learned Additional District Judge in Regular Civil Appeal No. 92 of 1985, whereby the appeal came to be dismissed and the judgment and decree dated 18-12-1984 passed by the learned Joint Civil Judge, Jr. Dn. , in Regular Civil Suit No. 31 of 1981 has been confirmed and it was declared that the plaintiffs are the owners of the suit site which is described by letters A-3, A-4, A-12, A-2 and A-3 in the suit map Ex. 32. The defendants were also directed to deliver the vacant possession of the suit site described by letters A-3, A-4, A-12, A-2 and A-3 in the suit map Ex. 32 after removing the construction from it with further direction that if the defendant fails to remove his construction over the above described suit site, the plaintiffs would be entitled to get it removed at their own costs.

( 2 ) BRIEF facts are required to be stated as under : the plaintiffs filed a suit for declaration that the suit site is owned by them and the defendants be restrained from interfering