(1.) Heard on the question of admission.
(2.) This appeal under Section 100 of Civil Procedure Code has been filed against the judgment and decree dated 9.3.2016 passed by 4th Additional District Judge, Gwalior in Civil Appeal No.10A/2016 arising out of judgment and decree dated 29.4.2011 passed by 14th Civil Judge Class-II, Gwalior in Civil Suit No.31A/2009.
(3.) The necessary facts for the disposal of the present appeal in short are that the appellants/plaintiffs filed a suit for declaration and permanent injunction against the respondents in the representative capacity. It was the case of the plaintiffs that they are the registered owner of their houses situated in the vicinity of Jagtap Ki Goth No.2, Madhooganj, Lashkar, Gwalior and there was an open Government land situated on the eastern side of the house of plaintiffs No.1 and 2 and western side of the house of plaintiffs No.3 and 4 and it was alleged that all the residents of Jagtap Ki Goth No.2 are using the said open land for the purposes of their religious and social occasions as well as for the purposes for parking their respective vehicles. The said open land is also being used by the children for playing and the open land is the disputed property. It was alleged that the defendants had no right or ownership because the disputed property belongs to the State and the defendants are trying to encroach upo n the disputed land by raising construction over the same. Thus a suit was filed for declaration that the disputed property be declared as Government land and the defendants be restrained from the disputed property.