(1.) Defendants are in second appeal against concurrent judgments and decrees passed by the Courts below in a suit for mandatory injunction.
(2.) Plaintiff filed suit for mandatory injunction, seeking directions to the defendants to remove wall AB Shown in the site plan and to restore the passage of 11 feet wide in Khasra No.205 as per Jamabandi for the year 2007-08 in the village. Consequential relief for permanent injunction has also been sought restraining the defendants from encroaching upon the passage in question.
(3.) Plaintiff alleged that he has constructed his house in khasra No.201 which faces the main road. Three parnals of his house fall in the scheme passage. The defendants are alleged to have residing in the house situated on the western side of the house of the plaintiff and they are in possession of property on the eastern side of the passage in question. The defendants intends to grab the scheme passage and they have illegally raised a wall AB as shown in the site plan by which they have closed the entrance of the passage.