RAKESH KUMAR GARG, J.

This is plaintiffs’ second appeal challenging the judgments and decrees of the Courts below whereby suit of the plaintiffs for permanent injunction filed against the defendants was dismissed by the trial Court vide judgment and decree dated 7.1.2011 and further appeal against the said judgment and decree of the trial Court was also dismissed by the first appellate Court vide judgment and decree dated 16.10.2012.

As per the averments made in the suit, plaintiff/appellants are cosharers in the suit property and they have constructed their houses in the suit property and are residing since long. According to the appellants, the defendants in order to grab their property, in connivance with the Sarpanch of the Gram Panchayat, wanted to carve out a Nali in the Eastern side of Killa No.6 illegally and forcibly and thus, necessity arose to file the instant suit.

On the other hand, defendants no.1 to 28 filed their joint written statement submitting therein that it were the plaintiffs who had the intention to grab the property of the defendants. According to the defendants, property of the plaintiffs and defendants adjoins each other and the defendants after g