Hon’ble Akhtar Husain Khan, J.—Above two appeals have been filed under Section 96 of C.P.C. against the judgement and decree dated 19.10.2004 and 1.11.2004 respectively passed by learned Additional Civil Judge (Senior Division), Court No. 1, Ghaziabad in Original Suit No. 857 of 1991 (Pushpa Builders Limited v. State U.P. and another), whereby learned Additional Civil Judge (Senior Division), Court No. 1, Ghaziabad has decreed the aforesaid suit of plaintiff Pushpa Builders regarding plots No. 268/3, 277/1, 268, 277, minjumla 274, 275, 283, 284, 285, 276 and 283 and has granted prohibitory injunction against defendants to the effect that if the plaintiff-appellant obtains no objection certificate from competent authority of P.A.C. regarding the security of armoury and jawans and makes constructions within the limits of said plots the defendants shall not cause any obstruction or hindrance and shall not take possession of the said plots unlawfully.

2. Being aggrieved by the judgement and decree passed by learned Additional Civil Judge (Senior Division), Court No. 1, Ghaziabad the plaintiff Pushpa Builders has filed above Appeal No. 451 of of 2013 (Pushpa Builders Limited v. State of U.P. and another) and has prayed to issue absolute prohibitory injunction removing condition of no objection of competent authority of P.A.C.

3. The above Appeal No. 246 of 2009 (State of U.P. and others v. Pushpa Builders Limited) has been filed by the defendants-State of U.P. and the Commandant 41, Battalion, P.A.C., Ghaziabad with prayer to set aside the judgement and decree passed by learned Additional Civil Judge (Senior Division), Court No. 1, Ghaziabad and to dismiss the suit.

4. Shri K.R. Sirohi, senior counsel assisted by learned counsel Shri Uma Nath Pandey appeared for plaintiff. Shri S.K. Mehrotra and Shri R.K. Chaube appeared for the defendants.

5. We have heard the counsel for the parties in both the appeals.

6. We have perused impugned judgement and decree as well as records of the case.

7. In brief relevant facts for decision of both appeals are stated below :

The plaintiff Pushpa Builders Limited has filed aforesaid Original Suit No. 857 of 1991 (Pushpa Builders Limited v. State of U.P. and another) against defendant No. 1, State of U.P. and defendant No. 2 the Commandant, 41 Battalion, P.A.C. Ghaziabad for permanent prohibitory injunction regarding ‘land of’’ plot Nos. 268/3 area 12 biswa, 277/1 minjubla area 14 biswa total area 1 bigha 6 biswa of Khasra No. 76, plot No. 268/3 minjubla area 12 biswa, plot No. 277 minjubla area 14 biswa of khatauni No. 139 and plot Nos. 274 area 6 biswa, 275 area 4 biswa, 283 area 16 biswsa 12 biswansi, 284 area 6 biswa, 285 area 1 bigha 18 biswa of khatauni No. 233 and plot Nos. 276 and 283 area 4960 square yards situated in Village Hasanpur Bhowapur, Pargana Loni, Tehsil Dadri, District Ghaziabad and has contended that he had purchased these lands through various registered sale-deeds executed by Sardar Swarnjeet Singh, Manjeet Singh, Sita Ram, Shri Jasal Singh, Rohtash Magchandra and Nand Kishore and that his name has been mutated in the revenue records. He has started construction work on the said lands after obtaining sanction of plan from Ghaziabad Development Authority. He has also obtained no objection certificate from Ghaziabad Development Authority as well as from Fire Station, Ghaziabad. The defendant No. 2 has also given no objection certificate for the said construction. His labourers are residing on the said lands. The defendants have no concern with the above land but are pressurising the plaintiff to accept their illegal demand. The plaintiff is not ready to accept their illegal demand. Therefore, they are threatening to take possession of above land forcefully and unlawfully and to demolish construction made by the plaintiff thereon. Therefore, plaintiff has no option but to file the suit for permanent prohibitory injunction.

8. Both defendants filed joint written statement 3