(1.) Present second appeal has been preferred by the plaintiff-appellant against the judgment and decree dated 3.12.2010 passed by learned Civil Judge, (SD) Rishikesh District Dehradun in Civil Suit No. 255 of 2009 by which learned Trial Court dismissed the suit filed by the plaintiff and also against he judgment and decree dated 17.10.2011 passed by learned Addl District Judge Rishikesh District Dehradun, whereby the first appellate court dismissed the appeal.
(2.) Plaintiff-Appellant instituted a suit for permanent prohibitory against the defendant-respondent for directing the defendant-respondent not to interfere in the suit property which was detailed and specified in the plaint. The defendant contested the suit and filed written statement. He also filed additional written statement. On the basis of rival pleadings, the following issues were framed.
(3.) Both the parties filed documents in support of their cases PW 1 Mangal Singh, PW 2 Kumar, PW 3 Jyoti Ramand CW 1 Anil Seth Civil Court Amin were examined on behalf of the plaintiff. DW 1 Govind Ram, DW 2 Sampoornanand, DW 3 Narendra Singh were examined on behalf of the defendant.