JUDGMENT :

Vivek Singh Thakur, J.

This appeal, with consent of the parties, has been heard finally and is being decided at admission stage.

2. For convenience, the parties in present appeal shall be referred according to their status in the Civil Suit. As such, appellants (herein) shall be referred to as ‘plaintiffs’ and respondents (herein) shall be referred to as ‘defendants’.

3. This appeal has been preferred against judgment and decree dated 20.4.2019, passed by District Judge Hamirpur in Civil Appeal No.163 of 2018, titled as Om Parkash & others v. State of H.P. & others, whereby the District Judge, affirming the findings returned by the Senior Civil Judge Hamirpur that suit was not maintainable, has modified the judgment and decree dated 3.10.2018, passed in Civil Suit No.219 of 2012, titled as Om Parkash & others v. State of H.P. & others, to the extent that after arriving at conclusion that suit was not maintainable, instead of dismissing the same, plaint was to be returned to the plaintiffs for presenting the same before appropriate forum/ Court.

4. In present case, plaintiffs-appellants had preferred a Suit for declaration, permanent prohibitory injunction and mandatory injunc