JUDGMENT :

Romesh Verma, J.

The present appeal arises out of the judgment and decree, dated 22.05.2025 as passed by the learned District Judge-I, Mandi, District Mandi, HP in Civil Appeal No. 13 of 2025, whereby the appeal preferred by the present appellants/ defendants has been ordered to be dismissed and the judgment and decree dated 26.03.2024, as passed by the learned Senior Civil Judge, Court No.1, Mandi, District Mandi, H.P., passed in Civil Suit No. 82 of 2020, have been affirmed, whereby the suit filed by the plaintiff/respondent for declaration and mandatory injunction was decreed.

2. Brief facts of the case are that the plaintiff/ respondent filed a suit for mandatory injunction in the Court of learned Senior Civil Judge, Court No.1, Mandi, HP on 26.03.2024 on the ground that the land comprised in Khewat Khatauni No. 45 min/ 49, Khasra No. 1123 measuring 00-04-05 bigha situated in Muhal Badyar/30, Mauja Bhardgaon, Tehsil Kotli, District Mandi, H.P is owned and possessed by the plaintiff. In the year 1994, the defendants No. 3 and 4 had constructed Gharwan to Taryasal –Dawahan road and for that purpose, the land owned and possessed by the plaintiff was utilized.

3. The officia