The Order of the Court was as follows :

Nagarathinam, the plaintiff filed a suit seeking for direction to the defendants to pay a sum of Rs. 11,00,000/- as damages, mandatory injunction directing the defendants 5 and 6 to comply with the relevant rules, so far as it may relate to the planning permission issued to them to put up construction at No. 29-A, Nowroji Road, Chennai, direction to the defendants 5 and 6 not to up construction on the northern side of the plaintiff's property and direct them to keep the passage free for the use of the plaintiff, mandatory injunction directing the defendants 5 and 6 to remove unauthorised construction presently existing and for permanent injunction restraining the defendants from interfering with the peaceful possession and prescriptive rights of the plaintiff enjoyed in passage shown in the plan.

2. The averments made in the plaint are as follows :-

"The plaintiff and the fourth defendant are brothers. The first defendant is the wife of the fourth defendant and the defendants 2 and 3 are their sons. V. N. Subbarayan is the paternal uncle of the plaintiff and the fourth defendant. On 8-4-1981, the said Subbarayan executed a Codicil modifying the Will dated 24-10-1979 by giving life interest in property bearing Door No. 29, Nowroji Road, Chennai to the first defendant and after her life time, the property would devolve upon absolutely on the defendants 2 and 3 in equal shares. The adjacent property bearing Door No. 30, Nowroji Road was settled in favour of the plaintiff through the Will dated 24-10-1979. Contrary to the terms of the Codicil, the property was sold by the defendants 1 to 3 to the defendants 5 and 6 by two sale deeds dated 13-11-1997 and the space for passage was also sold to the defendants 5 and 6 on 1-11-1999. They are now putting up construction there violating the building rules and preventing the plaintiff's access to the northern side of his property. The plaintiff has a clear prescriptive and easementary right for a pathway. Meanwhile, on 26-9-1999, the defendants 2 to 4 nailed the door on the northern side of the plaintiff's house wherein ingress and egress from that door was prevented. Hence, the suit."

3. Pending the suit, the plaintiff filed these applications, namely, O.A. No. 31 of 2000 seeking for interim injunction restraining the respondents 5 and 6 to put up any construction in any manner either permanent or of a temporary nature, measuring 600 sq. ft. which is shown in the plan annexed with the plaint at No. 29-A, Nowroji Road, Chetpet, Chennai-31 and also directing the respondents that the passage on the southern side of the applicant's property is kept totally free as passage for the use of the applicant and his family, O.A. No. 32 of 2000 for interim injunction restraining the defendants/respondents from interfering with the peaceful possession and prescriptive rights of the plaintiff/applicant and his family enjoyed in the said passage and O.A. No. 95 of 2000 for interim injunction restraining the respondents to proceed with any construction in any manner either permanent or of a temporary nature, at No. 29-A, Nowroji Road, Chetpet, Chennai-31 and also directing the respondents not to proceed with the construction of the second floor in the said building.

4. The contents of the counter-affidavit filed by the defendants 1 to 4 are these :-

"Navaneethammal, wife of V. N. Subbarayan purchased a vacant building site on 27-9-1930 and she constructed a building and the same is Door No. 29. In 1936, Subbarayan purchased adjacent properties, namely, Door Nos. 30 and 31, Nowroji Road and constructed houses there. On 28-9-1970, the said Navaneethammal died issueless. So, V. N. Subbarayan had become the sole legal heir. Under the settlement deed dated 11-2-1976 Subbarayan settled his house bearing Door No. 31 in favour of Gajalakshmi Padmakoti, the sister of the plaintiff and the fourth defendant. On 24-10-1979 under registered Will, V. N. Subbarayan bequeat