ORDER

1. This miscellaneous petition has been filed by the petitioners/defendants under Article 227 of the Constitution of India against the order dated 13.9.2022, in Civil Appeal No.1/2021 passed by the Additional Judge of the Court of First Additional District Judge Sardarpur Jobat, Distrit Dhar whereby, the order dated 18.1.2021, passed by the Second Civil Judge, Class II, Sardarpur Jobat, Distrit Dhar in Civil Suit No.116-A/2017, has been affirmed. The order relates to an application filed by the respondents/plaintiffs under Order 39 rule 1 and 2 of the Code of Civil Procedure, 1908 (hereinafter referred to as “CPC”).

2. In brief, facts of the case is that the plaintiffs/respondents have filed a suit for mandatory and permanent injunction against the defendants/petitioners in respect of the disputed land which according to the plaintiffs was purchased by them through a registered sale deed whereas the defendants' contention is that they have also purchased an adjoining land adjacent to the land of the plaintiffs. In the aforesaid suit an application filed by the petitioners under Order 39 rule 1 and 2 of the CPC in the year 2017 has been decided by the learned judge of the trial