BHAG CHAND Vs. DOLA RAM

JUDGEMENT

(1.) THIS Regular Second Appeal is directed against the judgment and decree dated 10.08.2010, passed by the learned Additional District Judge, Mandi, Camp at Karsog, H.P. in Civil Appeal No. 78 of 2008.

(2.) MATERIAL facts necessary for adjudication of this Regular Second Appeal are that the appellants-plaintiffs (hereinafter referred to as "the plaintiffs" for convenience sake) had instituted a suit for permanent prohibitory and mandatory injunction. According to the plaintiffs, the land in dispute is denoted by Khasra No. 674, 759/675, 761/675, measuring 0-6- 18 bigha, situated in Muhal Khanora. The suit land is recorded in the ownership and possession of the parties alongwith other co-sharers. The respondent-defendant No. 1(hereinafter referred to as "the defendant" for convenience sake) had constructed Hotel over a portion of suit land and remaining land is lying vacant. Defendants have started raising construction over the entire suit land exceeding their shares. The land in question is yet to be partitioned in accordance with law.

(3.) MR. L.S. Mehta, learned counsel for respondents No. 2 to 4 has supported the judgments and decrees passed by both the Courts below.