S. N. SAXENA, J.

( 1 ) THE dispute relates to a house and shop situated in Mohalla Gandhi Tola, Tehsil, Nawabganj, District Bareilly. Sanjai Kumar and Anjai Kumar, who were real brothers, claimed to have purchased the same from opposite party No. 4, Smt. Babita Gupta alias Pratibha Gupta, wife of Ram Prakash Gupta by means of a sale deed dated 27-7-1994. The property was a house only on the date of the said purchase and the petitioners thereafter, got constructed a shop in it and started business of jewellery therein. Opposite Party No. 4 Smt. Babita Gupta on 16-11-1994 instituted Civil Suit No. 473 of 1994 on frivolous allegations for declaration that she was the absolute owner in possession of the house in dispute and prayed for declaration that the sale deed dated 27-7-1994 executed by her was illegal, void and without consideration. It is not necessary to enter into the details of the suit but it is significant to mention that no interim order of any kind was passed by the civil Court in this suit. The petitioners contested the aforesaid suit by filing their written statement in January, 1995 and the proceedings were still going on. Smt. Babita Gupta on 12-11-1994 initiated proc