1. Whether the Civil Revision in hand is maintainable in wake of amendment to Section 115 Civil Procedure Code Svt. 1977 incorporated by Amendment Act of 2009 is the question that calls for an answer.

2. The background facts are as under:-

The petitioners on 06.02.2009 commenced a suit for declaration, possession and injunction before 3rd Additional Munsiff, 1st Class, Jammu. The case set up was that the petitioners were owner in possession of land measuring 18 Kanals 16 Marlas comprising Survey No. 36 min, 40 min and 41 min, situated at Patel Nagar, Halqa Nowabad, Tehsil and District, Jammu, and that the defendants had forcibly occupied an area measuring 5 Kanals 09 Marlas comprising Survey No. 36 min, 40 min and 41 min, out of the said land. On the strength of the averments made in the plaint, the petitioners sought declaratory decree declaring the petitioners owners of the suit land, a decree of possession for the part of the suit land forcibly encroached upon by the respondents and also a permanent injunction decree, restraining the respondents from alienating or changing nature of area of suit land encroached upon by the respondents. Alongside the suit, the petitioners filed an

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