JUDGMENT

Tarlok Singh Chauhan, J. - The plaintiff is the appellant, who aggrieved by the judgment and decree passed by the learned trial Court and affirmed by the learned first Appellate Court has filed the instant appeal. (The parties hereinafter referred to as the ''plaintiff'' and the ''defendants'').

2. Briefly stated the facts giving rise to the present appeal are that the plaintiff filed a civil suit (i.e. Civil Suit No. 67 of 2017) before the learned trial Court for permanent prohibitory injunction and mandatory injunction on the ground that the parties to the suit were joint owners in possession of the suit land and defendant No. 1 had purchased a portion of the suit land and a house situated over it from one of the co-owners Shri Thakru alias Thakur Dass vide sale deed No. 363 dated 17.07.2008. It was averred that the plaintiff had earlier filed a civil suit No. 66 of 2009 before the learned trial Court, which was withdrawn by him in Civil Appeal No. 64 of 2011 with the permission to file a new suit on the same cause of action. The permission to withdraw the suit was granted to the plaintiff by the learned District Judge, Kullu vide order dated 03.05.2012. It was alleged th