(1.) At the request of learned counsel for the parties, this appeal is finally heard.
(2.) In this appeal filed under Sec. 96 of the Code of Civil Procedure, assail is made to the impugned judgment and decree dtd. 24/10/2007 passed by the Court of Eighth Additional District Judge, Bhopal, in Civil Suit No.10-A/2005 whereby granting decree of declaration and mandatory injunction, the trial Court had decreed the suit in the plaintiffs' favour.
(3.) As per facts of the case, a suit was filed by the plaintiffs claiming declaration and mandatory injunction. As per the plaint averments, the suit land ad-measuring 41.52 acres, situates at Village Goura, PH No.40, Revenue Survey No.234, Tahsil Hujur, District Bhopal and is being owned and possessed by the plaintiffs which according to them is their ancestral property.