( 1 ) THE first plaintiff is the appellant and second plaintiff is made one of the respondents. The suit for injunction in respect of the vacant site measuring 30' x 30' at Muthkur Village, Hoskote Taluk, Bangalore Rural district, as Khata No. 183, was partly decreed by the Trial Court, from interfering with the first plaintiffs peaceful possession and enjoyment of the suit property alone by the Trial Court. The Appellate Court though held that the possession of the schedule property with the plaintiff is proved, holding that no interference has been caused by the defendant, the appeal was allowed and the decree granted by the Trial Court was set aside. Hence, the plaintiff is before this Court in this second appeal.

( 2 ) THIS second appeal has been admitted on the following question of law. "whether the lower Appellate Court has judiciously exercised the discretion vested in it in refusing to grant the relief of permanent injunction to the appellant"?

( 3 ) ONCE the Appellate Court finds the possession is with the plaintiff, thus rendering a concurrent finding with the Trial Court, there should not be any hesitation on the part of the Appellate Court to grant