1. The instant Civil Revision petition filed u/s 115 of the Code of Civil Procedure is against the order dated 06th July, 2013, passed by the Court of Sub-Judge, Kathua in Civil Suit titled, “D.D. Rai and others Vs. Jatinder Kumar and others.” for setting aside the same.

2. In the memo of revision petition, it has been stated that the petitioners are the defendants in the above titled Suit, filed by the plaintiffs/respondents herein, for a decree for mandatory injunction, directing the defendants/petitioners herein to remove the unauthorized construction raised on the Suit and the decree for possession of 01 Kanals and 16 Marlas of land comprised in Khasra No. 88/5 situated at Village Chack Gainda, Tehsil Kathua. Even though the defendants/petitioner Nos. 1 to 3 herein pleaded the ownership of the suit land and also having raised construction prior to 1982, which was never objected by the plaintiffs/respondents, the only issue framed by the Trial Court is as under:-

“Whether the defendants have raised unauthorized constructions over the suit land and if so, whether the unauthorized constructions are liable to be demolished” expressly pleaded that the suit land?

3. The fact a