JUDGMENT :

By way of instant Regular Second Appeal filed under S.100 CPC, challenge has been laid to judgment and decree dated 30.7.2019 passed by learned Additional District Judge-1, Mandi, District Mandi, Himachal Pradesh in Civil Appeal No. 61/2018, reversing the judgment and decree dated 28.9.2018 passed by learned Civil Judge, Court No.2, Sundernagar, District Mandi, Himachal Pradesh in Civil Suit No. 49/2012, whereby, learned trial Court, while decreeing the suit of the appellant/plaintiff (hereinafter, ‘plaintiff’) with respect to land comprised in Khewat No. 99, Khatauni No. 107, Khasra Mitas 19, total land measuring 18-10-11 Bigha, situate in Mohal Dharanda/1, Tehsil Sundernagar, District Mandi, Himachal Pradesh (hereinafter, ‘suit land’), restrained the respondent/defendant (hereinafter, ‘defendant’) from raising construction over the suit land, in any manner, till the same is partitioned in metes and bounds.

2. Precisely, the facts of the case, as emerge from the record, are that plaintiff filed a suit for permanent prohibitory and mandatory injunctions, restraining defendant from raising any construction on suit land as described above, till its partition by meats and bou