Hon’ble B.C. Kandpal, J.

This second appeal under Section 100 of C.P.C. has been filed by the appellants against the judgment and decree dated 05.07.1999 passed by Special Judge (C.B.I./Additional District Judge), Nainital in Civil appeal No. 69 of 1988, Sri Shanker Lal Shah Vs Sri Vinod Kumar Shah & Others, arising out of judgment and decree dated 20.08.1988, passed by Munsif, Nainital in Civil Suit No. 15 of 1982, Shankar Lal Shah Vs. Vinod Kumar Shah.

2. Brief facts of the case are that the father of the appellants filed a suit before the Munsif, Nainital for perpetual mandatory injunction against the respondents/defendants. According to the plaint, the plaintiff/appellant was the owner of Prashant Hotel along with land and houses adjacent to the Hotel upto the vacant land of Sarita Bhawan. In its eastern side Nainital-Almora pedestrian road, western side Sarita Bhawan and Moti lodge, norther side Meghdoot Hotel and in the south Hotel Punjab are situated and the said land comes under the control of Nagar Palika, Nainital. The respondent No. 1 and 2 are the real brother and respondent no. 3 was their mother and the owner of the (nala) which was constructed by the Nagar P