1. Heard. Rule. By consent heard forthwith.

2. The petitioners herein are the plaintiffs in RCS No.53/2006/F and shall hereinafter be

referred to as such.

3. There is no dispute that the suit property surveyed under No.9/4 belonged to Maria Luisa Isabela Fernandes, the sister-in-law of the father of the plaintiffs. There are two houses in the said property. One is bearing house no.101/A and the other bearing no.101/B. The house bearing no.101/B is in occupation of the plaintiffs though the said Maria Luisa Isabela Fernandes by gift deed dated 9/02/2006, gifted the said house along with adjoining property to Assumpta Fernandes, who has filed a suit against the plaintiffs for recovery of the same and the suit is pending. House no.101/A with the surrounding property has been sold to the defendant by the said Maria Luisa Isabela Fernandes by a sale deed dated 18/01/2006. The said Maria Luisa Isabela Fernandes expired on 4/12/1996.

4. The plaintiffs have filed RCS No.53/2006/F for injunction simpliciter against the defendant to restrain the defendant from blocking or obstructing the suit passage/pathway or from doing any construction work thereon and for restraining the defen