JUDGMENT : Sureshwar Thakur, J. During the pendency of the plaintiffs' suit, the plaintiffs/applicants/respondents herein (for short "the plaintiffs") filed an application, cast, under the provisions of Order 39 Rule 1 & 2 CPC, seeking therethrough, ad-interim, relief against defendants No.1 to 3/petitioners herein (for short "the defendants"), from, theirs interfering over the rights of the plaintiffs, upon, the suit path hence existing, within, the premises of H.P Secretariat Employees Co-operative Society, Basant Vihar, Kasumpati, Shimla, (a) and, also seek therethrough, the, further relief, against the defendants, against theirs claiming any right, of, passage through, the premises of the plaintiffs' society, for, hence the defendants accessing their respective buildings, located, in the Jeewanu colony, (b) reiteratedly hence, in the afore application, as, cast by the plaintiffs, under, the aforestated provisions, they strived, for, rendition, of, an ad-interim injunction, becoming pronounced, vis-a-vis, the apposite suit land. 2. The learned Civil Judge, Court No. 6, Shimla, under orders recorded, on, 12.4.2018, restrained, the, defendants from using or interfering in any manner, by any such, omission or conduct, vis-a-vis, the peaceful possession, of, the plaintiffs, upon, khasra Nos. 663/325, 662/325, 664/326, 666/326. 3. The defendants being aggrieved therefrom, cast an appeal thereagainst, before, the learned District Judge, Shimla, and, therein the latter Court made a verdict, hence affirming the verdict, as, recorded, by the learned trial Court. 4. The parties at contest, do not, hold any wrangle vis-a-vis the land measuring 15 bighas, bearing khasra No. 665/325, 662/325/664/326, 666/326 (for short "suit land") becoming allotted to the plaintiffs' society, for, construction, of, residential accommodation, for, its members. 5. An acerbic contest erupts inter-se the contesting litigants, is, comprised in the plaintiffs' society, erecting barricades, and, concomitantly the defendants, becoming precluded, to, from within the premises of the plaintiffs' society, make access up to the building(s) located hence within Jiwanu colony. 6. A perusal of the records, makes candid unfoldments, vis-a-vis, the Commissioner, Municipal Corporation, Shimla, making an order on 25.5.2011, wherethrough, he declared khasra Nos. 55,241 and 294, to be a public path, (a) and, also, the afore order makes a visible display, vis-a-vis, a suit passage, as, borne on the afore stated khasra numbers rather commencing, from, Parimahal Chowk, and, ending at Jeewanu colony. 55,241 and 294, to be a public path, (a) and, also, the afore order makes a visible display, vis-a-vis, a suit passage, as, borne on the afore stated khasra numbers rather commencing, from, Parimahal Chowk, and, ending at Jeewanu colony. The effect of the afore declaration, and, its making the afore articulations, is, qua it begetting thereon the apt attraction, vis-a-vis, the mandate of Section 208 of H.P Municipal Corporation Act, provisions whereof, stand extracted hereinafter, and, also concomitantly, the, afore mandate becomes hereat hence fully operationalized, and, also in consonance therewith, rather, the afore khasra numbers, become validly vested, in the Municipal Corporation, Shimla (a) and with a concomitant leverage, to, the public at large, to, trudge, upon, the afore khasra numbers, for, enabling them, to, from Parimahal Chowk, upto, Jeewanu Colony, make accesses', vis-a-vis, their respective abodes. "208 (1) All streets within the Municipal area which are or at any time become public streets and the pavement stones and other materials thereof, shall vest in the Corporation. (2) All public streets vesting in the Corporation shall be under the control of the Commissioner and shall be maintained, controlled and regulated by him in accordance with the bye-laws made in this behalf." 7. However, a perusal, of, the Sarja Kishtwar occurring, on, the records of the learned Courts below, omits to bring forth explicit revelations, vis-a-vis, khasra Nos. 663/325, 662/325, 664/326, 666/326, falling within, the, points of commencement and termination, of, afore declared public path, under order(s), as, stand recorded, by, the Commissioner, Municipal Corporation, Shimla. However, a perusal, of, the Sarja Kishtwar occurring, on, the records of the learned Courts below, omits to bring forth explicit revelations, vis-a-vis, khasra Nos. 663/325, 662/325, 664/326, 666/326, falling within, the, points of commencement and termination, of, afore declared public path, under order(s), as, stand recorded, by, the Commissioner, Municipal Corporation, Shimla. Even if, the afore omissions, are, existing in the apposite Sajra Kishtwar, (a) nonetheless for the defendants becoming facilitated, to, make a submission qua the barricading, of, the residential colony, of, the plaintiffs, (b) comprised hence in a gate becoming erected, and, hence the defendants becoming defacilitated, to, make accesses', rather from, within the precincts, of, the plaintiffs' residential colony, and, also to, thereafter hence access their respective residential abodes, as, existing in Jeewanu Colony, rather also enjoined, upon them, to, either in the apt written-statement, or, in the counter claim appended therewith, rear clear espousals, vis-a-vis, despite, the allotment of the afore khasra numbers, vis-a-vis, the plaintiffs' society, the roads existing, hence, within the precincts, of, the plaintiffs' society, becoming trudge-able, for, the relevant purpose, by the defendants, on, anvil of (c) qua theirs using the afore passage since time(s) immemorial, hence an indefeasible prescriptive apposite right, of, easement becoming inhered or vested in them or in, the, alternative theirs raising a plea of theirs holding, an, easementary, right of necessity, to trudge, uponthe path existing, within the premises, and, precincts of the plaintiffs residential colony. 8. However, the afore espousal remained un-reared, in, the written-statement, nor, any counter claim pronouncing, the, afore espousal(s), stands instituted by the defendants, (a) whereas, only upon the afore plea(s) standing raised, thereon(s), rather would thereupon, render enabled, the, defendants, to, also upon, prima-facie evidence, in support thereto, being also placed on record, (b) to hence make a valid espousal, that, the premises existing within the residential colony of the plaintiffs, comprising hence, the, apt servient heritage, and, that the relief espoused in the application, being not grant-able to the aspirant. Since the afore espousal(s) is/are amiss, (a) thereupon, the effects thereof, is, that with the afore sajra kishtwar, not, delineating the khasra numbers, allotted, to the plaintiffs' society, to rather fall within the points of commencement, and, termination of the suit passage, and also, with the, declaration made by the MC Shimla, rather not embodying therewithin, the khasra numbers as stand allotted to the plaintiffs' society, obviously render rather disabled, the, defendants, to contest the concurrent order, made, in, the apposite application, (b) and, hence the affirmative concurrent pronouncements made, upon, the plaintiffs' application, is, both meritworthy and apt, and, warrants theirs becoming upheld by this Court. 9. In sequel, there is no merit in the petition, and, the same is accordingly dismissed. However, it is open for the defendants, to, seek modification of the order made concurrently, by both the Courts below, upon, theirs adducing tangible documentary evidence, that the khasra numbers allotted to the plaintiffs' society, also, encompassing therewithin, rather, the khasra numbers qua wherewith an apposite declaration, is, made by the Commissioner, M.C Shimla. All pending applications stand also disposed of accordingly.