1. The above Second Appeal No.551 of 2010 and the companion Second Appeal No. 332 of 2010 arise out the same judgment & order dated 1st April, 2010 passed by the learned District Judge- 1, Palghar by which the Regular Civil Appeal No. 66 came to be allowed and judgment and decree passed by the learned Civil Judge, Junior Division, Palghar in Regular Civil Suit No. 46 of 1996 came to be set aside, and resultantly Regular Civil Suit No. 67 of 2004 filed by the Appellants herein came to be dismissed.

2. It is not necessary to burden this order with unnecessary facts. However, the facts necessary to be cited for adjudication of the above Appeal, in brief, can be stated thus:

i. The Appellants above named are the original plaintiffs who had filed the suit being Regular Civil Suit No. 46 of 1996 seeking perpetual injunction against the Defendants i.e. the Respondents herein in respect of the suit properties which included land bearing City Survey Nos. 886, 894, 896, 807 (Pardi No.2 Pai) & and 898 (Pardi No. 147 Pai), and House No. 387 and House No. 384, more particularly described in Para-1 of the plaint. The Plaintiffs are claiming through one Adi Aadarji Tarapurwala, who was