The present Regular Second Appeal arises out of the judgment and decree as passed by the learned District Judge, Hamirpur, H.P. dated 18.10.2022, whereby the appeal preferred by the State has been ordered to be dismissed and the judgment and decree as passed by the learned Civil Judge, Court No.2, Hamirpur, District Hamirpur, dated 11.11.2022 has been affirmed.

2. Brief facts of the case are that the plaintiff- respondent has filed a suit for permanent prohibitory injunction and mandatory under Section 9 ,26 Order 7 Rule 1 C.P.C and Sections 34, 38 and 39 of Specific Relief Act.

3. It was averred in the plaint that the suit land comprised in Khata No. 130, Khatauni No. 134, Khasra No. 41, area measuring 2K-15M, situated in Tika Kariana, Tappa Mehlta, Tehsil & District Hamirpur (hereinafter to be referred as the suit land) is owned and possessed by the plaintiff alongwith other co-sharers and defendants are strangers to the same.

4. It was averred that the suit land is on the National highway and taking undue advantage of the plaintiff being away on account of his job, defendants have constructed some portion for National highway through the suit land without