The above civil Revision Petition is directed against the fair and decretal order dated 5.7.1999 made in I.A.No.48 of 1998 in A.S.No.50 of 1997 by the Court of Subordinate Judge, Hosur.

2. Tracing the history of the above civil revision petition coming to be filed, it comes to be known that the petitioner herein has filed the suit in O.S.No.1 of 1995 on the file of the Court of District Munsif, Hosur praying to declare his easementary rights by using the common way on Western side of the plaintiff's shed in the house site and for permanent injunction restraining the defendants from interfering with the plaintiff's easementary rights. The said suit having been dismissed by the trial Court by its judgment dated 31.7.1997, the petitioner/plaintiff preferred an appeal in A.S.No.50 of 1997 before the Court of Subordinate Judge, Hosur. Pending the said appeal, the petitioner/plaintiff has filed a petition in I.A.No.48 of 1998 before the lower appellate Court under Order 6 Rule 17 CPC praying permission of the Court to amend the plaint thereby including the relief of mandatory injunction also in the plaint directing the defendants to demolish and remove the building and such ot