Rajiv Sharma & Dr. Satish Chandra, JJ.

Heard Mohd. Arif Khan, Senior Advocate, assisted by Mohd. Aslam Khan, learned Counsel for the appellants, Sri Prashant Chandra, Senior Advocate, assisted by Sri Lokendra Kumar Gupta, learned Counsel for the respondent No.6, Sri Shalabh Singh, learned Counsel for the proforma respondent No.8 and Sri Santosh Shukla, learned Counsel for the proforma respondent No.9.

2. Through the instant First Appeal From Order under Order 43 Rule 1(r) of the Code of Civil Procedure [hereinafter referred to as the "CPC"], the plaintiffs/appellants have assailed the judgment and order dated 8.3.2013 passed by the Civil Judge (Senior Division), Malihabad, Lucknow, in Regular Suit No.96 of 2013 :Gulab Vaswani and another Vs. State of U.P. and others, whereby the application preferred by the plaintiffs/appellants under Order XXIX Rules 1 and 2 of the CPC (6Ga) has been rejected.

3. Shorn off unnecessary details the facts of the case are as under :

The plaintiffs/appellants have filed a regular suit for perpetual injunction, which was registered as Regular Suit No. 96 of 2003 before the Court of Civil Judge (Senior Division), Lucknow. In the plaint, the stand taken b

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