M. SATYANARAYANA MURTHY, J.

This appeal, under Section 100 of the Code of Civil Procedure, 1908 (for short, the Code), is filed by the defendant in OS No. 154 of 1989 whereby the suit was decreed declaring that the plaintiffs are entitled to let out the collected rain water or excess water from field to field from P marked property through D marked land and to drainage and also granted permanent injunction restraining the defendant from interfering with the right to let out water field to field and finally to drain. The Judgment of the trial court was confirmed in first appellate court in A.S No. 26 of 1997.

2. The parties in the appeal will hereinafter be referred to as arrayed in O.S No. 154 of 1989, for convenience.

3. The plaintiffs filed the suit for the above two reliefs contending that they are the owners of the land of an extent of Ac.1.98 cents in R.S No. 140/2 of Mahendrawada Village, which was shown as P in the plaint plan and the defendant is the owner of the land of an extent of Ac.1.51 cents in R.S No. 140/3, Ac.0.96 cents in R.S No. 139/1 and Ac.0.45 cents in R.S No. 139/2, which was shown as D in the plaint plan. It is situated towards Southern side of the pl