JUDGMENT :

Rajiv Sharma, J.

This Regular Second Appeal is directed against the judgment and decree dated 1.1.2013 passed by learned District Judge, Hamirpur, in Civil Appeal No.24 of 2010.

2 "Key facts" necessary for the adjudication of this Regular Second Appeal are that the plaintiffs/respondents (hereinafter referred to as the "plaintiffs" for convenience sake) filed a suit for permanent prohibitory injunction against the defendant/appellant (hereinafter referred to as the "defendant" for convenience sake) for restraining him as also his agents from raising construction or changing nature of the land comprised in Khata No.277, Khatauni No.313, Khasra Nos. 1361/722/2 and 1361/722/1 measuring 0K-16 Marlas as per jamabandi for the year 1995-96, situated in Anu Kalan, Tappa Bajuri, Tehsil and District Hamirpur, H.P. A prayer for mandatory injunction was also made stating that the suit of the plaintiffs be decreed if during pendency of the suit, the defendant succeeded in raising any construction, removing its natural protection/support or dispossessing the plaintiffs. According to the plaintiffs, the defendant had dug a portion of the suit land and adjoining land to the extent of 50 fe