Varadachariar, J.

1. This second appeal arises out of a suit brought on behalf of the Hindu residents of a village in Bellary District for an injunction restraining the defendants from constructing a Jumma Masjid which they proposed to erect on a plot shown in the plan attached to the plaint and also for a declaration of the rights of the Hindus to carry certain processions, etc., along the routes indicated in the plan. When the matter was pending before the Court of first instance, the District Munsiff refused to grant a temporary injunction restraining the completion of the building and when the matter came on for final disposal before him, he limited the injunction to one restraining the defendants from declaring that building to be a mosque. He also granted a declaration in respect of the plaintiffs rights as regards processions, etc. The learned District Judge has confirmed the decree of the District Munsiff. Hence this appeal by the defendants.

2. The second appeal has been pressed only in respect of the injunction restraining the use of the building as a mosque. On behalf of the appellants, Mr. Narasimhachar, drew my attention to the proposition laid down as early as i