JUDGMENT

With the consent of the parties, the matter is finally heard.

1. This first appeal under section 96 of the Civil Procedure Code has been preferred being aggrieved and dissatisfied by the judgment and decree dated 18.7.2016 passed in Civil Suit No.4-A/2015 by learned First Additional District Judge, Burhanpur. By the said order, the suit filed by the appellants / plaintiffs has been dismissed. It is also pertinent to mention here that the respondents No. 5.1 to 5.4 have also filed crossobjections being IA No.626/17 & 628/17, respectively. Consequently, the present appeal and the cross objections are being decided by this common judgment.

2. The appellants as plaintiffs filed a civil suit for declaration and perpetual injunction against the respondents / defendants in respect of the land bearing khasra No. 12 as shown in the plaint map situated in village Shahdara, Tahsil and District Burhanpur (hereinafter referred to as the suit land) seeking declaration that part of Khasra No. 12 as shown in the plaint map is the government Chhotaghass (grazing) land and that no temple or permanent religious structure can be constructed or established therein by general public nor any permis