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J U D G M E N T S.B. SINHA, J :

The appellants herein are successors in interest of late Chogyal Sir Tashi Namgyal of Sikkim.
A suit was filed by Mewang Tobgyal Wangchuk Tenzing Namgyal son of late Chogyal Palden Thondup Namgyal and others against the defendants respondents herein praying for the following reliefs :
(a) recovery of possession of the encroached portion of the land shown in the annexed plan if required, by demolishing the construction made thereon;
(b) permanent injunction restraining the defendants from using the aforesaid 12 feet wide passage or making any construction whatsoever over the same;