1. - This second appeal under Section 100 CPC is directed against judgment and decree dated 21.09.2011 passed by Additional District Judge, Churu, whereby, the appeal filed by the appellants against the judgment and decree dated 07.03.2006 passed by Civil Judge (Junior Division), Churu decreeing the suit filed by the respondents for permanent and mandatory injunction, has been rejected.

2. The facts in brief may be noticed thus : the respondent Nos.1 to 7 filed a suit on 06.11.1997 against Shubh Karan, Navratan Chotiya and Municipality, Churu seeking mandatory and permanent injunction in respect of a public street as indicated in the map annexed with the plaint seeking removal of encroachment and obstruction alongwith stone slabs and injunction from further obstructing the street and from alienating or transferring the same; it was, inter alia, averred in the plaint that in Ward No.28, Churu in front of Shyam Ji Temple there is a 8 ft. wide public street from east to west in existence for about 60 years, which connects the parallel roads from north to south and plaintiffs are using the said public street; plaintiff Nos.1, 3 and 6 have their plots around the said street and