JUDGMENT :

SATYEN VAIDYA, J.

1. By way of instant appeal, appellants have assailed judgment and decree dated 12.5.2008, passed by the learned District Judge, Mandi, District Mandi, H.P. in Civil Appeal No. 28 of 2007, whereby judgment and decree dated 20.1.2007, passed by learned Civil Judge (Junior Division) Court No. 1, Mandi, in Civil Suit No. 35 of 2004 was affirmed.

2. Parties hereafter shall be referred by the same status as they held before learned trial Court. Predecessor-in-interest of the appellants was plaintiff and respondents were the defendants.

3. The suit land comprised in khata No. 23/20, khatauni No. 34, khasra No. 3176/2688/2451, measuring 2-13-0 bighas, situated at Mohal Kummi, Illaqua Balh, Tehsil Sadar, District Mandi, H.P was joint between plaintiff, defendant No. 1 and other co-sharers. Defendant No. 1 had acquired a share,in the suit land, to the extent of 0-2-2 bighas by way of purchase from plaintiff. The other co-sharers had also purchased their respective shares in the suit land from plaintiff and had raised constructions thereon.

4. Plaintiff filed a suit for permanent prohibitory injunction, seeking thereby to restrain the defendants from digging and raisi