(1.) This order shall dispose of aforementioned two regular second appeals filed by the appellant-defendants against the judgment and decree dated 15.02.2014 passed by learned Additional District Judge, Tarn Taran, whereby the appeal filed by respondent-plaintiff Harmeet Singh against the judgment and decree dated 23.03.2013 passed by learned Additional Civil Judge (Senior Division), Tarn Taran, was allowed, but the appeal filed by appellant-defendants Tejinder Singh and others, was dismissed.
(2.) However, for convenience and clarity, detailed order is being passed in RSA No.5198 of 2016 titled as Tejinder Singh and others Versus Harmeet Singh.
(3.) Briefly stated, respondent-plaintiffs Harmeet Singh, Charanjit Singh and Ninderpal filed a suit for permanent injunction for restraining the appellant-defendants, namely, Tejinder Singh, Balwinder Singh, Baldev Singh and Dharam Singh from constructing the projection in common street as shown in red colour in the site plan Mark-A to Mark-B on the shop of the defendants on the ground that the same shall disturb the rights of enjoyment of the plaintiffs in common street. Further, relief of mandatory injunction was also prayed to remove the projection Mark-C to Mark-D, which could have disturbed the enjoyment of plaintiffs No.1 and 2 and their family members.