JUDGMENT/ORDER :

1. All three second appeals arise out of the Civil Suit for prohibitory and mandatory injunction filed by plaintiff-Govind Singh, being power of attorney holder of Smt. Krishna Kumari against the defendant-Gajaraj Singh and in that suit defendant- Gajraj Singh has filed counter claim seeking prohibitory injunction against plaintiff.

2. The dispute between the parties, is in relation to the gully of 8 feet width, situated between the houses of both parties. Both parties are neighbors.

3. The trial court, although recorded fact finding that the gully of 8 feet wide, exists between the houses of both parties yet dismissed the plaintiff's suit for prohibitory and mandatory injunction and simultaneously dismissed the counter claim of the defendant vide judgment and decree dated 21.01.2006.

4. Plaintiff, feeling aggrieved by the dismissal of his suit for prohibitory and mandatory injunction, challenged the judgment and decree dated 21.01.2006 by filing Civil First Appeal registered as C.F.A No.11/2006. The defendant challenged the judgment and decree dated 21.01.2006 to the extent of dismissing his counter claim and defendant's first appeal was registered as C.F.A. 19/2006.

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