G. P. MITTAL, J.

1. The Petitioners (Defendants No.1 and 3 before the Trial Court) challenge the order dated 28.11.2008 passed by the learned Additional District Judge whereby the Petitioners and Respondent No.2 were directed to “remove the brick wall so constructed at the first floor of the property No.D-24 (WHS), Timber Market, Kirti Nagar, New Delhi and allow the appellant to use the back side staircase put at the back portion of the ground floor to have access to and from the first floor of property No.B-24 (WHS), Timber market, Kirti Nagar, New Delhi until and unless the stairs, as per the sanctioned plan are reconstructed/rebuilt/completed by the defendant no.1,2 and 3, till the final disposal of the suit.”

2. Status of the parties before this Court, the Appellate Court and the Trial Court is extracted from Para 3 of the Petition hereunder:-

Before this Court Before Appellate CourtBefore Trial Court

Petitioner No.1 Respondent No.1 Defendant No.1

Petitioner No.2 Respondent No.3 Defendant No.3

Respondent No.1 Appellant Plaintiff

Respondent No.2 Respondent No.2 Defendant No.2

Respondent No.3 Respondent No.4 Defendant No.4

3. For the sake of convenience, the pa