JUDGMENT :

SATYEN VAIDYA, J.

1. By way of instant Regular Second Appeal, appellant has assailed judgment and decree dated 25.07.2009 passed by learned District Judge, Kangra at Dharamshala, H.P. in Civil Appeal No. 130-G/XIII-2008 whereby the judgment and decree dated 12.09.2008 passed by learned Civil Judge (Junior Division), Court No. 2, Dehra, District Kangra, H.P. in Civil Suit No. 26/2004 was partly modified.

2. Appellant was the plaintiff and respondents were defendants before the learned trial Court. The parties hereinafter shall be referred to by the status which they held before the learned trial Court.

3. Brief facts necessary for adjudication of appeal are that plaintiff filed a suit for permanent prohibitory and mandatory injunction against defendants seeking prayer to the following effect:

“It is therefore humbly prayed that decree of prohibitory, permanent and mandatory injunction restraining the defendants from interfering or raising any structure on the suit land comprising Khata No. 37, Khatauni No. 38, Khasra No. 891, measuring 0-00-69 hectares, situated in Mohaal and Mauza Bara, Teh. Dehra, Distt. Kangra, as prayed in heading of the plaint may kindly be passed in favo