JUDGMENTS

Chander Bhusan Barowalia, J.—By way of the present appeal, appellants have challenged the judgment and decree passed by the Court of learned District Judge, Hamirpur, in Civil Appeal No.19 of 2007, dated 01.08.2008, vide which, the learned First Appellate Court, has affirmed the judgment and decree passed by the learned Civil Judge (Junior Division), Court No.II, Hamirpur, in Civil Suit No.128 of 2002, dated 16.12.2006.

2. Material facts necessary for adjudication of this Regular Second Appeal are that respondents-plaintiffs (hereinafter referred to as ‘plaintiffs’) maintained a suit for permanent prohibitory and mandatory injunction against the appellants-defendant (hereinafter referred to as ‘defendant’) alleging therein that the defendant alongwith other co-owners are owner-in-possession of the suit land, comprised in Khata No.106, Khatauni Nos.117 and 118, Khasra No.465/84 and 466/84, Kita-2, measuring 6 kanals 15 marlas, (hereinafter referred to as ‘suit land’) situated at Tika Sadhrian, Mouza Bamson, Tehsil Bhoranj, District Hamirpur, H.P. It is alleged that there is a passage two and half feet wide passing through Khasra No.465/84 and 466/84, which starts from State