JUDGMENT

Salil Kumar Rai, J.—Heard the counsel for the appellant and the counsel for the respondents.

2. The present Second Appeal has been filed against the judgment and decree dated 23.9.2015 passed by the Special Jude (Prevention of Corruption Act), Court No. 2/Additional District Judge, Lucknow (hereinafter in short referred to as ‘lower appellate Court’) dismissing the Regular Civil Appeal No.5000248 of 2013 (Janki Prasad vs. Sanjay Kumar and others) filed by the appellant. The records of the case indicate that the appeal has not yet been admitted for final hearing. By order dated 4.12.2015, the records of the case were summoned and have been received by this Court. In the circumstances, with the consent of the counsel for the parties, the Court proceeded to hear the present Second Appeal on admission and also for final hearing.

3. The facts relevant for the decision of the Second Appeal are that the respondents instituted Original Suit No. 36 of 2010 praying for a decree of permanent prohibitory injunction restraining the appellant from interfering in their peaceful possession over the suit-property. The respondents were the plaintiffs in the Suit and the appellant was the def