11.In this regard, according to the learned counsel appearing for the fourth respondent, the necessary documents to establish the title of the fourth respondent including the patta in question have already been filed before the Civil Court and those documents having been marked and accepted by the Civil Court, in regard to title in favour of the fourth respondent, the permanent injunction by way of judgment and decree was granted by the Civil Court, thereby the right of the fourth respondent to have an absolute enjoyment of the property, since the fourth respondent is having the title over the property in question, has been confirmed by the Civil Court decree. Therefore, as against which, though appeal has been filed by the petitioners, the operation of the decree is intact, therefore, while the decree passed by the Civil Court / trial Court is in operation, merely because an appeal has been filed by the petitioners before the Appellate Court that will not create any new right to decide the issue with regard to the patta as claimed by the petitioners. Therefore, till a finality is reached in the appeal filed by the petitioners, which is admittedly pending before the Sub Court concerned, the petitioners cannot seek any indulgence to interfere with the order passed by the Revenue Authorities which are impugned herein, therefore, the learned counsel appearing for the fourth respondent seeks dismissal of this writ petition.
