Romesh Verma, Judge(oral)

The present appeal arises out of the judgment and decree, dated 02.09.2023, passed by the learned Additional District Judge-I, Mandi, District Mandi, Himachal Pradesh, whereby the appeal filed by the present appellant has been dismissed and the judgment and decree passed by the learned Civil Judge, Court No. 2, Mandi, District Mandi, H.P., dated 31.08.2021 has been affirmed, whereby the suit filed by the plaintiff/appellant was ordered to be dismissed.

Brief facts giving rise to the present appeal are that one Kumari Kusum filed a suit for permanent prohibitory and mandatory injunction against the defendants before the learned Trial Court. It was averred in the plaint that the suit land, comprised in Khasra Nos. 805, 806, 814, 816, 808, 809, 819, 802, 803, 804, 807, 871 and 872, Khata Khatoni Nos. 232/318 and 233/319 to 322, measuring 682.45 square metres, situated in Mohal Mangwai, Tehsil Sadar, District Mandi, H.P., was jointly owned and possessed by the parties and other co-sharers.

It was further averred that the defendants, without any legal right and without the consent of the plaintiff, were bent upon changing the nature of the suit land and threate