JUDGMENT :

K.BABU, J.

The defendants in O.S.No.1322/1999 on the file of the I-Additional Munsiff's Court, Ernakulam are the appellants. The plaintiffs are the respondents.

2. The plaintiffs instituted the original suit for permanent prohibitory injunction and mandatory injunction in respect of the plaint 'C' schedule property against the defendants. The Trial Court partly decreed the suit. The Trial Court granted the prohibitory injunction as prayed for, but declined to grant a mandatory injunction.

3. The plaintiffs challenged the decree of the Trial Court to the extent it declined to grant the relief of mandatory injunction in A.S.No.259/2002 before the District Court, Ernakulam. The First Appellate Court allowed the appeal, granting a decree of mandatory injunction against the defendants.

4. The defendants are in appeal before this Court under Section 100 of CPC.

5. On 14.02.2006, this Court admitted the appeal on the following substantial question of law:

(a) Whether the First Appellate Court was justified in modifying the decree of the Trial Court directing the defendants by a decree of mandatory injunction to remove the unauthorised constructions made in 'C' schedule passage when th