(1.) S. K. Phaujdar, J. The present respondents, Rajbali and others, filed an Original Suit No. 264 of 1980 before the Additional Munsiff, Azamgarh, for a per manent injunction against the first set of defendants. The suit was partly allowed in favour of the plaintiffs by the judgment and decree dated 31-7-1991 passed by the 12th Additional Munsiff, Azamgarh. This judgment and decree gave rise to two ap peals. Civil Appeal No. 253 of 1991 was preferred by the aggrieved plaintiffs for part dismissal of their claim while Civil Appeal No. 411 of 1991 was preferred by the present appellants for the decree that was recorded in favour of the plaintiffs. These two civil appeals were heard together by the Vth Additional District Judge, Azamgarh, who, by his judgment and decree dated 19-11-1994, allowed the civil appeal filed by the plaintiffs and decreed the whole suit against the defen dants and at the same time dismissed the appeal lodged by the defendants. Ag grieved, the defendants preferred the present two appeals challenging the find ings of the first appellate court.
(2.) IN the appeals, the lower court record was summoned and a stay order was also granted staying operation of the decrees. The respondents had also ap peared and both sides were heard together at length and the matter is being disposed of by this judgment at the admission stage itself.
(3.) THE trial Court decreed the suit only for the portion marked by letters by Ka, Kha, C Ga in the plaint map (120ka-2 ). THE defendants were directed to remove the structures made thereon within 3 months and were further directed not to disturb the possession of the plain tiffs in that portion of the land. THE map (120 Ka-2) was to form a part of the decree. THE suit for the rest of the portion of the suit land was dismissed.