R. K. Choudhary, J.

1. This civil revision application, No.834 of 1961, arises out of an order of the learned Additional District Judge, Muzaffarpur reversing that of the Munsif, First Court, Hajipur, passed in Title Suit No.34 of 1959. A second appeal, No.739 of 1961, has also been filed by the petitioners of the civil revision application, by way of precaution, from the same judgment and order.

2. The short facts are these: The plaintiffs opposite parties filed a suit against the defendants petitioners for a perpetual injunction restraining them from proceeding with any construction around the house of the plaintiffs, and their case was that the construction of the house of the defendants would obstruct the passage of light and air to the house of the plaintiffs and thus make the same unfit for habitation. The plaintiffs also filed an application for a temporary injunction against the defendants and another petition for appointment of a pleader-commissioner for holding local inspection. An order of ad interim injunction was passed in the case and a pleader-commissioner was also appointed, who submitted his report on the 46th of March, 1959. On the 17th March, that is, on