RAM KARAN Vs. UMA SHANKER

JUDGEMENT

(1.) This is a plaintiffs' appeal, who had a vacillating fortune before the Courts below in a suit instituted for the relief of permanent prohibitory injunction.

(2.) Original Suit No. 455 of 1984 was instituted by Ram Karan son of Ishwar Dutt Tripathi and Dadhich Chand son of Ram Karan against Uma Shanker and Paras Nath on 8/8/1984, claiming a permanent prohibitory injunction to the effect that the defendants be restrained from interfering with the plaintiffs' possession in part of their abadi and Sahan (Courtyard), denoted by letters C D E M in the plaint map or disturbing the Neem tree standing there.

(3.) The two plaintiffs were the original appellants here. Of them, Ram Karan died pending appeal and is represented on record by his heirs and LRs, who are appellant nos. 1/1, 1/2, 1/3, 1/4, 1/5, 1/6 and 1/7. Appellant no. 1/3 is on record as appellant no.2. All the appellants shall hereinafter be collectively referred to as 'the plaintiffs'. However, in case of individual reference, the concerned plaintiff shall be referred to by his name. The two defendants to the suit, Uma Shanker and Paras Nath were in the same order arrayed as respondent nos. 1 and 2 to this appeal. Both the defendant-respondents have died pending appeal and are represented on record by their heirs and LRs, as entered in the cause title of the appeal. Any reference hereinafter to the two defendant-respondents collectively shall be as 'the defendants', but in case of individual reference, Uma Shanker, defendant no. 1, now represented by his LRs, shall be referred to as 'Uma Shanker'. Likewise, Paras Nath, defendant no. 2, now represented by his LRs, in case of individual reference, shall be referred to by his name.