JUDGMENT

1. Heard Mr. Desai for the appellants and Mr. Agni for the respondent.

2. This appeal takes exception to the Judgment and Decree dated 10.11.2017 made by the First Appellate Court in Regular Civil Appeal No.92/2016.

3. The appellants are the original defendants, and the respondent is the original plaintiff in Regular Civil Suit No.40/2010/C. In the Suit, the plaintiff had applied for a permanent injunction restraining the defendants from interfering with the suit property and a mandatory injunction to remove the structure the defendants had illegally and unauthorisedly put up in the suit property.

4. The Trial Court, by Judgment and Decree dated 10.08.2016, granted the decree for a permanent injunction but declined the relief of mandatory injunction. This relief was denied on the grounds of alleged failure on the part of the plaintiff to identify the structure in question.

5. The appellants-defendants did not appeal the Trial Court's decree. This means they accepted the decree of permanent injunction restraining them from interfering with the suit property. However, the original plaintiff appealed the denial of relief of mandatory injunction.

6. The First Appellate Court, vide t