JUDGMENT :

The plaintiff instituted civil suit No. 80/1 of 95/93,before the learned sub-judge, 1st Class, Bilaspur, H.P. In the afore civil suit, the plaintiffs claimed the making of a decree of permanent prohibitory injunction, vis-à-vis, the suit khasra Nos., and, against the defendants. The afore civil suit became decreed by the learned trial Judge, through its verdict made thereon on 7.2.1996. The afore made verdict became challenged by the aggrieved defendants, before the first appellate Court, through theirs casting there before, Civil Appeal No. 23 of 1996.The learned First appellate Court, through its verdict, made thereon, on 15.5.2004,partly allowed the defendants’ appeal, and modified the verdict of the learned trial Court hence in the hereinafter extracted manner :

“In view of my findings on point No. 1, being partly in favour of the appellants and as against the respondents, the plaintiffs are not entitled to the relief of injunction in regard to the land measuring 0-2 biswas comprised in khasra No. 130/1 as shown in Ext. PC while their suit for permanent injunction for the remaining part of the land shall stand decreed for permanent injunction. Decree sheet be prepared