JUDGMENT :

MAHENDAR KUMAR GOYAL, J.

1. This second appeal is preferred against the judgment and decree dated 14.1.2015 passed by the learned Additional District Judge, Dholpur (for short ‘the learned appellate court’) in Civil Appeal no. (CAR) 10/2014 whereby, while dismissing the appeal, the judgment dated 14.10.2011 passed by learned Civil Judge (Jr. Division) No. 1, Dholpur (for short ‘the learned trial court’) partly decreeing the Civil Suit no. 44/2009 filed by the respondent no. 1/plaintiff (for short ‘the plaintiff’) against the respondent no. 2/defendant (for short ‘the defendant’) has been upheld.

2. The relevant facts in brief are that the plaintiff filed a suit for declaration and permanent injunction stating therein that towards western side of his ancestral house situated in Churiman Ki Bagichi, Kayasthpara, Dholpur, house of the defendant exists. It was averred that there is a chabutara (platform) marked as ‘ABCD’ in the site plan annexed with the plaint under his ownership and possession which was being used by him since long. Alleging that the defendant has threatened him to open his door, window, ventilation and drainage towards his platform, the decree as aforesaid w