VALMIKI J. MEHTA, J.

Caveat No. 737/2018

Counsel appears for the caveator. Caveat accordingly stands discharged.

CM No. 32889/2018(Exemption)

Exemption allowed subject to just exceptions.

CM stands disposed of.

RFA No.669/2018 & CM No.32888/2018(stay)

1. This Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) is filed by the defendant in the suit impugning the Judgment of the Trial Court dated 5.7.2018 by which trial court has decreed the suit for declaration, mandatory and permanent injunction filed by the respondents/plaintiffs with respect to the suit property show in site plan Ex.PW1/K and totalling to an area of 378.80 sq. yards. Original plaintiff no.1 Sh. O.P. Khanna expired pendente lite and he was/is thereafter represented by his legal heirs who are respondent nos.1(a) to (c) in this appeal.

2. The facts of the case are that the respondents/plaintiffs filed the subject suit pleading that Sh. O.P. Khanna (original plaintiff no. 1) and Sh. Baij Nath Khanna (plaintiff no. 2) are brothers and plaintiff no.3/respondent no.3 is the son of Sh. Baij Nath Khanna. All the three plaintiffs/respondents have purchased the suit property admeasuring 350 sq