JUDGMENT

J.K. Maheshwari, J.

Leave granted.

2. This appeal arises out of the judgment dated 04.07.2018, passed by High Court of Uttarakhand at Nainital in First Appeal No.50 of 2008, preferred by appellant herein against the 'common judgment' dated 16.04.2008 passed by Trial Court in Suit No.411 of 1989 (filed by respondents herein joining appellant as defendant) and Suit No.419 of 1993 (filed by appellant herein joining respondents as defendant). In Suit No.411 of 1989, respondents sought 'permanent injunction' against appellant restraining it from interfering in the right of use of concerned passage or causing any interference or putting any obstruction in the usage of the said passage and not to make any septic tank, soakage pit or raise any other construction. The respondents also prayed for grant of 'mandatory injunction' against the appellant, making prayer to remove and demolish the walls on the concerned passage and restoring the passage to its original width of 13 ft. and filling up the ditch near the gate of plaintiff no.2 (respondent no.2 herein). In Suit No.419 of 1993, appellant herein prayed for 'permanent injunction' restraining the respondents/defendants from providing