( 1 ) THIS regular first appeal is filed under Section 96 read with Order 41, cpc. This is the appeal filed by the defendants being aggrieved by the judgment and decree passed by the VI Additional City Civil Judge, bangalore in O. S. No. 4900 of 1993 wherein the respondent herein had filed a suit for mandatory injunction. The parties are referred according to their ranking in the Court below.

( 2 ) THE plaintiff who is the respondent herein had filed the suit before the lower Court seeking for mandatory injunction and also for an order of perpetual injunction restraining the defendants from putting up any construction or obstruction on the passage abutting the house of the defendants wherein the defendants have denied easementary right in respect of the passage of 8 ft. situate on the south-west corner of the suit schedule property running east-west to the pipeline road.

( 3 ) THE plaintiff is said to have purchased the property from one byanna in Sy. No. 37/1 of Kempapura Agrahara near Hosahalli, bangalore, a portion as shown in the sketch produced by the plaintiff, in the year 1977 wherein the plaintiff had put up construction on the said property in the year 1978