Anand Pathak, J.

1. This appeal under Section 100 of the Code of Civil Procedure, 1908 has been preferred by the appellants/defendants against the judgment and decree dated 16-01-2006 passed by learned 8th Additional District Judge Gwalior in Civil Appeal No.37-A/2005 confirming the judgment and decree dated 22-12-2004 passed by learned 8th Civil Judge Class-II, Gwalior in Civil Suit No.42-A/2001.

2. The appeal has been admitted by this Court vide order dated 17-04-2013 on the substantial questions of law. Since then the appeal is pending consideration for final hearing.

3. The respondents/plaintiffs have filed a suit for declaration and injunction against the appellants/defendants in respect of the suit property as mentioned in the appeal memo. The respondents/plaintiffs have recently started some construction over the disputed site, therefore, the appellants/defendants had move an application (I.A.No.2399/2016) under Order 39, Rule 1 and 2 read with Section 151 of CPC seeking the injunctions against the respondents/plaintiffs. The respondents/plaintiffs filed reply to the said application and while contesting the claim of appellants/defendants raised the legal question regard