P.K. LOHRA, J.

Appellant-defendant has laid this second appeal under Section 100 CPC to assail judgment & decree dated 4th of March 2016, passed by Addl. District Judge No. 1, Jodhpur Metropolitan (for short, ‘learned first appellate Court’), whereby learned first appellate Court has affirmed judgment and decree dated 19th of May 2014, passed by Addl. Civil Judge (Jr. Div.) No. 3, Jodhpur Metropolitan (for short, ‘learned trial Court’), decreeing the suit of plaintiff-respondent No. 1 for permanent and mandatory injunction.

2. Facts sans unnecessary details, as emerge from the record, are that plaintiff filed a suit for permanent and mandatory injunction against appellant-defendant and Municipal Corporation, Jodhpur and its Chief Executive Officer, inter-alia, stating that in the western side of his house one temple exists and in between plaintiff and first-defendant's house, there lies some open space which is just like a Chowk and is used as a way. It is further averred in the plaint that defendant encroached over the land adjacent to his house left out after the boundary of temple and has raised garage-type construction admeasuring about 10’ x 12’ which is being used by