Vivek Singh Thakur, J.

Predecessor of the respondents in present appeal, late Shri Bakshi Ram (hereinafter referred to as the plaintiff) had filed a suit against appellants (hereinafter referred to as defendants) seeking permanent prohibitory injunction restraining them, their agents, servants and assignees from raising construction in suit land, jointly owned and possessed by plaintiff and defendants along with other co-sharers, on the ground that defendants were bent upon to cover best portion of suit land forcibly by raising construction over it without consent of plaintiff and without getting the suit land partitioned. Alternatively, in case of raising construction by defendants over suit land, mandatory injunction, directing defendants to restore the suit land into its original condition by demolishing such construction, was also sought for.

2. Suit was dismissed by the trial Court. However, in appeal, learned District Judge decreed the suit for perpetual prohibitory injunction in favour of plaintiff restraining defendants personally or through their family members, assignees, agents and servants from raising construction or changing nature of suit land in any manner till its pa

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