DARSHAN SINGH, J.

The present regular second appeal has been directed against the judgment and decree dated 13.08.2015, passed by the learned District Judge, Kaithal vide which the regular first appeal filed against the judgment and decree dated 03.11.2012 passed by learned Civil Judge (Junior Division), Kaithal has been dismissed.

2. As per the case of the plaintiffs-respondents, they are owner in possession of the house shown in green colour in the site plan attached with the plaint situated within the abadi deh of village Garhi Padla. There is a street, which leads from main street to their house. The appellant-defendant is constructing the house shown in yellow colour in the site plan on the northern side of the said street. He had constructed a projection to the newly constructed house in the street shown in the red colour in the site plan, which is causing inconvenience to them as well as others for egress and ingress. The loaded vehicles such as tractor trolley etc. cannot pass. Hence, the suit.

3. The appellant-defendant contested the suit on the grounds inter alia that the street in dispute was divided into two parts of 5 feet, each, which was used by him as wel