ORDER

1. Heard finally with the consent of both the parties.

In this petition under Article 227 of the Constitution of India, the petitioners have assailed the legality, validity and propriety of the order dated 20.05.2022 (Annexure P/1) passed in Miscellaneous Civil Appeal No.39/2022 by the Court of III Additional Judge to I Additional District Judge, Katni (M.P.), whereby the Appellate Court has reversed the order of the learned trial Court dated 05.04.2022, which had rejected the application under Order 39 Rule 1 and 2 of the Civil Procedure Code (hereinafter shall be referred to as 'Code') seeking temporary injunction.

2. Brief facts leading to filing of this case are that the respondent No.1/plaintiff filed a suit for declaration and permanent injunction against the petitioners/defendants, which was registered as RCS A/07/2022 alongwith the application under Order 39 Rule 1 and 2 of the Code. It is sated in the plaint that petitioner No.1 and respondent No.1 are real brothers and petitioners No.2 and 3 are real sons of petitioner No.1. It is also stated in the plaint that respondent No.1/plaintiff is the owner of 5111 sq.ft. of land, out of which land admeasuring 15 X 25 sq.ft. h