JUDGMENT

Sandeep Sharma, J. - Instant Regular Second Appeal filed under S.100 CPC, lays challenge to judgment and decree dated 31.10.2012 passed by learned District Judge, Mandi in Civil Appeal No. 8/2012, titled State of Himachal Pradesh and others vs. Munshi Ram, affirming judgment and decree dated 22.11.2011 passed by learned Civil Judge (Senior Division), Court No.1, Mandi, whereby appeal filed by the appellants-defendants (hereinafter, 'defendant') against the respondent-plaintiff (hereinafter, 'plaintiff') came to be dismissed and the suit for injunction having been filed by the plaintiff came to be decreed.

2. Facts in brief, as are necessary for the adjudication of the appeal at hand are that the plaintiff filed a civil suit against the defendants averring therein that the plaintiff is owner-in-possession of land denoted by Khewat Khatauni No. 190, min /217 min Khasra No. 8/9/2/1 measuring 0-4-15 Bigha situate in Mohal Kot /275 Illaqua Rajgarh Balh, Tehsil Sadar, District Mandi,(hereinafter, 'suit land'). Plaintiff averred in the plaint that the defendants constructed road namely Nalsar-Chunahan through the suit land and for this purpose they had taken possession of the suit