SANTOSH KUMAR Vs. JAGAT NARAYAN

JUDGEMENT

(1.) Heard learned counsel for the appellants and learned counsel for the respondents.

(2.) The appellants have preferred the present appeal challenging the order dtd. 15/12/2018 passed by the Additional District Judge/F.T.C., Court No.2, Auraiya, whereby he has dismissed the application under Order 41 Rule 17 of C.P.C. of the plaintiffs/appellants

(3.) The facts, in brief, are that one Ram Swaroop Shukla had instituted an original suit no.17 of 2004 praying for a decree of permanent injunction restraining the defendants/respondents from interfering in the peaceful possession of the plaintiffs/appellants. It appears that during the pendency of the suit, Ram Swaroop Shukla had died and the plaintiffs/appellants have been substituted as his heirs.