Sandeep Sharma, J.

This appeal has been filed by the appellant-defendant against the judgment and decree dated 30.06.2006, passed by the learned Additional District Judge, Fast Track Court, Hamirpur, District Hamirpur, H.P., decreeing the suit of the respondent-plaintiff and reversing the judgment and decree dated 05.04.2000, passed by the learned Sub Judge Ist Class, Barsar, District Hamirpur, whereby the suit filed by the respondent-plaintiff has been dismissed.

2. The brief facts of the case are that the respondent-plaintiff (herein after referred to as the `plaintiff’), filed a suit for permanent prohibitory injunction against the appellants-defendants (hereinafter referred to as the `defendants’) restraining them from interfering with or digging or constructing any path/road or raising any construction or changing the nature of the land comprised in Khta No.22, Khatauni No.22 min, Khasra No.122, measuring 2K-1M, as per Jamabandi for the year 1992-93, situated in Tikka Suffan, Tappa Lohdar, Tehsil Barsar, District Hamirpur, H.P. (hereinafter referred to as the `suit land’), with a further prayer that in case the defendants succeeded in raising construction or changing t