JUDGMENT

Sandeep Sharma, J. - Instant regular second appeal lays challenge to the judgment and decree dated 9.7.2019, passed by the learned Additional District Judge-I, Shimla, in CA No. 45-S/13 of 2018, affirming the judgment and decree dated 15.9.2018, passed by the learned Civil Judge-II ( Sr. Div.), Shimla, District Shimla, H.P., , whereby civil suit bearing CS No. 119-1 of 2015 having been filed by the appellant/plaintiff (herein after referred to as "the plaintiff") came to be dismissed.

2. Plaintiff filed a suit for permanent prohibitory injunction, restraining the respondents/defendants (in short "the defendants") from blocking public path, averring therein that he is one of the co-owner in possession of land comprised in khasra No.79 Khewat, Khatauni No.1min/1 situate at Mohal Shahal, Tehsil Shimla Rural, District Shimla, H.P., and in the year, 2009, he started construction work of his house at Shahal. The land of the defendant is adjoining to the aforesaid land of the plaintiff. Plaintiff alleged that defendant is putting obstruction on the common path, which is only passage connecting his land to the main road. Plaintiff alleged that defendants are trying to block path of