1. This second appeal is arising out of the judgment and decree dated 31.10.2007 passed by the learned Additional District Judge No.1, Bikaner in Civil Appeal (Decree) No.49/2007 “Manoj Kumar S/o Sohan Lal & Smt. Bhikhi Devi W/o Sohan Lal Vs. Roshan Lal S/o Jeevraj Sethia & Anr.” who allowed the appeal filed by the present respondents-defendants and set aside the judgment and decree dated 19.11.2003 passed by the learned Additional Civil Judge (Senior Division) No.4, Bikaner in Civil Case No.93/2001 “Roshan Lal S/o Jeevraj Sethia Vs. Manoj Kumar S/o Sohan Lal Pugalia and Smt. Bhikhi Devi W/o Sohan Lal Pugalia & Anr.” by which, the learned Additional Civil Judge (Senior Division) had decreed the suit filed by the appellant-plaintiff Roshan Lal seeking perpetual and mandatory injunction in relation to the disputed piece of land, which is a common chowk between the residential houses of the parties, situated at Bhinasar, Sethia Chowk, Bikaner.

2. The present second appeal has been filed by the appellant, who was the plaintiff before the learned Trial Court, against the reversal of the judgment of the learned Trial Court, by the learned First Appellate Court.

3. The learned