JUDGMENT :

P. SAM KOSHY, J.

1. Since the present two Appeals arise out of the same dispute, both these Appeals are being decided by this common Order.

2. The Second Appeal No. 628/2016 is an Appeal filed by the Plaintiffs and the Second Appeal No. 541/2016 is an Appeal by the Defendants.

3. Challenge in the Second Appeal No. 628/2016 is to the Judgment and Decree dated 22.8.2016 passed by the 3rd Additional District Judge, Ambikapur in Civil Appeal No. 33-A/2015, whereby the First Appellate Court has dismissed the Appeal preferred by the Plaintiffs. The very same Court has also dismissed the Appeal preferred by the Defendants, i.e. Civil Appeal No. 29-A/2015 vide a separate Judgment and Decree passed on the same date i.e. on 22.8.2016.

4. Facts of the case, in brief, are that the Plaintiffs-Rambali Gupta and others had filed a suit i.e. Civil Suit No. 348/2009 before the 3rd Civil Judge Class-II, Ambikapur, seeking for injunction restraining the Defendants-Kedarnath Gupta and others from interfering with the possession and construction being raised by the Plaintiffs on the suit property. The suit property in the instant case is that which situates at Khasra No. 1389, 1390 and 1397 and t