( 1 ) THIS is an application under article 227 of the Constitution of India. This application arises out of an order dated 26th august, 2003 passed by the learned District judge, Barasat, 24 pgs. (North) in Misc. Appeal No. 133 of 2003 setting aside the order dated 25th July, 2003 passed by the learned civil Judge, Junior Division, Barrackpore in t. S. No. 111 of 2003. The suit was in the nature of declaration and permanent injunction. Prayers in the plaint are quoted here- under:" (A) A declaration that the plaintiffs are the exclusive owners of the suit property as specified in the schedule written hereunder and that the defendants have got no right to have any aerial encroachment of the suit property for installation of High Tension overhead electric Lines all over the suit property without having any due concurrence from the plaintiffs. (B) Permanent injunction restraining the defendants and their men and agents, employees and associates from causing any aerial encroachment upon the suit property or upon any part thereof so as to going line all over the suit property as specified in the schedule written hereunder till final disposal of the suit. (C) cost of the