The instant writ petition is directed against the order and judgment dated 29-8-2000 Annexure-1 to the writ petition, passed by 1st Additional District Judge, Etah whereby the order and judgment dated 18-2- 1999 passed by the learned trial Court granting temporary injunction in favour of the petitioners under Order XXXIX Rules 1 and 2 CPC has been set aside and appeal filed under Order XLIII, Rule 1 (r) CPC was allowed.

2. The factual matrix of the case necessary to be noticed for disposal of the present writ petition are that suit No. 576 of 1998 was filed by plaintiff petitioners and one Smt. Har Pyari Devi (who died during the pendency of Misc. Appeal), against the contesting respondents in the Court of Civil Judge (Junior Division) Kasganj, Etah, as the contesting respondent- defendant 1st set threatened to demolish the walls AD, DF and EF which is shown is red ink in the plaint, belonging to the petitioners and defendants IInd set and in their possession to make a passage through it and also threatened to open door and window in these walls. The aforesaid suit was filed on the basis of registered sale-deed dated 24-3-1933 executed in favour of their grand fathe