JUDGMENT:- This appeal by special leave by the plaintiffs is directed against a judgment dated October 14, 1968 of the Bombay High Court by which the High Court set aside the decrees of the Courts below and dismissed the plaintiffs suit.

2. The plaintiffs had filed the present suit praying for a permanent and mandatory injunction directing the defendant to remove the encroachment in the nature of erection of fencing and thorny bushes in the land in possession of the plaintiffs and restRaming them from interfering with the possession of the plaintiffs. A prayer for recovery of Rs. 500 as damages was also made by the plaintiffs.

3. The facts and circumstances of the case have been detailed in the judgments of the Courts below and it is not necessary for us to repeat the same.

4. It appears that in the original plaint filed by the plaintiffs there was some inter se dispute between the three plaintiffs who claimed to be rival heirs of Radhabai who was in possession of the property after the death of her husband. In view of the pleadings a large number of issues were framed by the trial Court in the present suit. As the plaintiffs realised that for the purpose of getting a simple mandatory