( 1 ) :- This appeal is preferred against the judgment and decree dated 28-03-1990 passed by the learned XIX Additional City Civil Judge, Bangalore City in O. S. No. 1869/1985.

( 2 ) THE appeal is admitted. The records are received. The respondent is represented through a counsel. As the appeal lies in a narrow compass, production of paper books is dispensed with and it is heard for final disposal.

( 3 ) THE appellants are the plaintiffs and the respondent is the defendant.

( 4 ) THE suit was filed for a permanent injunction and also for a mandatory injunction directing the defendant - Corporation - to deviate the road running across and through the suit schedule property.

( 5 ) THE trial Court has dismissed the suit. It has refused permanent injunction on the ground that prior to the date of filing of the suit, the encroachment had taken place and as such the plaintiffs were not in possession on the date of the suit. Mandatory injunction has been refused on the ground that the road for public purpose is formed; that the plaintiff can be compensated, therefore, it is not proper to grant mandatory injunction.

( 6 ) THE case of the plaintiffs is that the Corporation has formed a road

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