JUDGMENT :

SANJAY K. AGRAWAL, J.

1. The substantial questions of law involved, formulated and to be answered in this second appeal preferred by the appellant/plaintiff are as under:

“1. Whether in the facts and circumstances of the case the Courts below have committed an error and not considering as to whether or not the plaintiff is entitled for grant of decree of injunction as prayed in paragraph 14 B, C of the plaint?

2. Whether failure to frame proper issue for trial regarding plaintiff right to obtain permanent injunction has vitiated the trial?”

For the sake of convenience, the parties would be referred hereinafter as per their status shown in the suit before the trial Court.

2. The plaintiff herein filed a suit claiming the right of easement over the passage on Khasra Nos. 1095/13 and 1095/31 situated at village Mangla, Tahsil and District Bilaspur and also sought decree for injunction by removing obstruction i.e. boundary wall constructed by defendant No. 1 and iron gate to obstruct the passage of the plaintiff. The plaintiff also sought relief for recovery of possession of 2 x 49 feet encroached by defendant No. 1 by constructing boundary wall on the said khasra numbers.

3. Resis