Dr. Shekher Dhawan, J.:-

This Regular Second Appeal is directed against judgment and decree dated 12.02.2014 passed by the Court of Additional District Judge, Kurukshetra whereby the judgment and decree dated 08.11.2011 passed by Civil Judge (Jr. Divn.), Kurukshetra was accepted and the findings of the Court of first instance were reversed.

2. For convenience sake, hereinafter, reference to the parties is being made as per their status in the Civil Suit.

3. The detailed facts are already recapitulated in the judgments of the courts below and are not required to be reproduced. In brief, the facts relevant for disposal of this second appeal are to the effect that plaintiff Anil Kumar had filed suit for permanent injunction for issuance of restrain order against the defendants/appellants from raising any construction or installing mobile tower in khasra No. 445/3, forcibly and illegally. The plaintiff claimed himself to be owner in possession of said khasra number as a co-sharer. As per plaintiff, the defendants wanted to erect tower on the same without any right, title or interest and, as such, the necessity of the suit. Defendant No. 1 contested the suit thereby taking preliminary obje

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