S. Paramasivam and his wife, Mohana, the plaintiffs, are the appellants herein. Rukmani Ammal and her husband, Venkateswaralu, the defendants, are the respondents herein.

2. The plaintiffs filed a suit in O.S. No. 2967 of 1982 on the file of the XIII Assistant Judge, City Civil Court, Madras, as against the respondents herein, seeking for the relief of permanent easementary injunction, restraining the defendants from constructing on the southern side of the plaintiffs property and for mandatory injunction to demolish the wall erected by the defendants along with the southern wall of the plaintiffs, the encroached portion in the plaintiffs property.

3. The defendants contested the suit, stating that they did not encroach upon the plaintiffs premises and that the plaintiffs had not acquired any easementary right. Upholding the contention of the plaintiff, the suit was decreed by the trial Court.

4. Aggrieved by the judgment and decree, the defendants filed an appeal in A.S. No. 437 of 1986 on the file of the IX Additional City Civil Judge, Madras.

5. During the pendency of the appeal, the defendants, appellants therein, filed an application in C.M.P. No. 2728/86 for appointm