Hon’ble Sunil Hali, J.—A civil suit No. 164 of 2000 was filed before the Civil Court seeking decree of mandatory injunction thereby directing the respondents not to make any obstruction in the plaintiffs user of land and not to raise any constructions over the land/Plot No. 367/3 belonging to the plaintiffs. By way of an interim measure, vide order dated 31.5.2000, a direction was issued to the defendants to remove the additional and illegal constructions raised by the defendants and not to raise any further constructions or encroachment upon the plaintiffs land. During the pendency of the suit an application for impleadment of tenants of Nagar Palika Parishad as defendant Nos. 3 to 10 was filed. It seems that the application was not pursued as a result of which same was dismissed as not pressed on 11.2.2003 by the trial Court. This order was not questioned by the tenants before the Higher Court.

2. Trial Court vide its order dated 4.9.2003 decreed the suit of the plaintiffs by directing demolition of ten shops constructed on the land belonging to the plaintiffs-petitioners. The said decree was challenged before the first appellate Court without any success by the defendants