JUDGMENT/ORDER

1. The captioned second appeal is filed by the plaintiff feeling aggrieved by the divergent findings of the Courts below wherein Appellate Court has allowed the appeal filed by the defendants and the plaintiff's suit for injunction simplicitor is dismissed. These divergent findings are under challenge by the plaintiff.

2. For the sake of brevity, the parties are referred to as per their rank before the Trial Court.

3. The plaintiff has instituted the present suit for injunction simplicitor seeking perpetual injunction against the defendants. The plaintiff has alleged that on 6/11/1996, the defendants tried to encroach over the plaintiff's property by damaging the existing compound wall. The present suit is filed alleging that defendants are rich, influential and backed by anti social elements and there is every possibility that they would demolish the existing compound wall and hence, the present suit.

4. The defendant No.1 tendered appearance and filed written statement and stoutly denied the entire averments made in the plaint. The defendant No.1 disputed the plaintiff's title over the suit schedule property and also disputed its measurements. The defendant No.1 con