Hon’ble Sunil Ambwani, J.—This Second Appeal arises out of O.S. No. 28 of 1976 for mandatory injunction to remove constructions raised by defendant Nos. 3 and 4 on the land in dispute and for pendente lite and future damages. The suit was dismissed with costs by IVth Civil Judge, Varanasi on 30.3.1977. The Civil Appeal No. 629 of 1977 was allowed decreeing the suit on 17.11.1978.

2. I have heard Shri Sankatha Rai, learned Counsel for the appellants. No one appears for the respondents.

3. The suit was filed with the allegations that Smt. Nauvjaddi Kunwar-defendant No. 1 purchased the land from several persons in village Karaudi Pargana Dehat Amanat District Varanasi for establishing a residential colony. She divided the land in various plots for construction of residential houses. Some portions of the land were reserved for road and park. A lay out plan was prepared in which the land reserved for park was demarcated and delineated with ‘red’ and ‘blue’ hatched lines. The park and road were meant for exclusive use of the residents of the colony named as ‘Nand Nagar Colony’. The plaintiffs, most of whom, are teachers in Banaras Hindu University, purchased the plots and