( 1 ) THESE two applications no. 5467 of 2004 and 5981 of 2004 have been moved on behalf of respondent Nos. 1 and 2 for correction/amendment in the judgment and order dated 18-2-2003 passed in a. O. No. 198 of 2002 and 199 of 2002 and decree followed therefrom.

( 2 ) HEARD learned counsel for the parties at length and perused the entire record.

( 3 ) THIS case has a chequered history. A suit No. 13 of 1999 was instituted by the appellant Sri Prakash Bhatt against Sri ganesh Bhatt and Sri Devki Nandan Bhatt (present respondents) for perpetual prohibitory injunction that the defendants be restrained from interfering in the peaceful possession of plot No. 4 and 5 situated at vernon Cottage Compound, Tallital, Nainital owned by him. Another cross suit No. 51 of 2000 was filed by Sri Devki Nandan Bhatt and Sri Ganesh Bhatt (present respondents)against Sri Prakash Bhatt, Smt. Sunita pandey, Sri Urba Dut Pandey, Sri Radha ballabh Pandey, Smt. Asha Pant and Sri sharat Chand Tiwari (defendant-respondents) praying that they be restrained from using 6 feet wide footpath by the plaintiff which lies between plot Nos. 4 and 5 on one side and plot No. 7-B on the other side in said Compound. Both

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