JUDGMENT

N K Sudhindrarao, J. - This appeal is directed against the Judgment and Decree dated 01.02.2003 passed in O.S. No.6504/1996 by the XXVII Additional City Civil Judge, Bangalore (CCH No.9), wherein suit of the plaintiffs came to be decreed in part, declaring that disputed road (stretch of road between Gangamma Circle and the point called Zam-Zam) is a public road forming part of Bangalore-Doddaballapur road starting from Yeshwanthapura passing through Air Force Ground Training Unit branching at Zam-Zam point towards Yelahanka and Hesarghatta. Consequently, Defendants Nos.1 and 3 are also restrained by an order of permanent injunction from imposing any kind of restrictions on the right of user of the disputed road by the plaintiffs and the members of the public except in accordance with law. The prayer for mandatory injunction that was sought for directing defendant No.3 for the removal of such structures already erected came to be rejected.

2. The appeal is preferred by defendant Nos. 1 and 3 against the portion of the judgment and decree passed in favour of the plaintiffs. The plaintiffs have not challenged the decree passed to the extent of dismissal.

3. In order to avoid c