JUDGMENT :

Anil Satyavijay Kilor, J.

1. The dismissal of appeal filed by the appellants/plaintiffs, vide judgment and decree dated 16th January, 2016 passed by the District Judge-VI, Nagpur, in Regular Civil Appeal No. 187 of 2013 arising out of the dismissal of suit for declaration and permanent injunction, vide judgment and decree dated 2nd May, 2013 passed by the Civil judge, Junior Division, Kuhi in Regular Civil Suit No. 21 of 2009, has been assailed in the present appeal at the instance of the plaintiffs.

2. Heard Shri S.L. Kotal, learned counsel for the appellant, Smt. Anita Shinde, learned counsel for the respondent No. 1 and Shri J.D. Vaidya, learned counsel for the respondent Nos. 2 to 7.

3. This Court while admitting the present appeal on 12th September, 2017 framed the following substantial questions of law

"Whether the plaintiff would be entitled for relief of permanent injunction on the basis of their possessory title".

4. The facts leading to the present appeal, are that the defendant Nos. 1 and 3 are sons and the defendant Nos. 4 to 7 are the daughters of the defendant No. 2.

5. The suit properties i.e. Gut Nos. 82, 109, 512 and 27 were originally belonging to one Smt. M