The appeal and cross objection have been filed against the judgment and decree of the trial court, namely the court of the Additional District Judge (Fast Track Court No.2), Gobichettipalayam dated 19.09.2002 made in O.S.No.1 of 2001 on the file of the said court. The plaintiffs 1 to 3 in the original suit are the appellants in A.S.No.748 of 2002. The suit was filed for a declaration and consequential injunction. The suit was partly decreed granting the relief of injunction and declining to grant the relief of declaration. As against the dismissal of the suit regarding the relief of declaration, the present appeal has been filed. As against that part of the decree granting the relief of injunction, the defendant has preferred the cross objection No.34 of 2003.

2. The case of the appellants as per the contents of the plaint filed by them as plaintiffs, in brief, can be stated thus:-

The appellants/plaintiffs are the absolute owners of the property described in plaint schedule, which is an undivided common half share of the land having an extent of 0.11.0 hectare comprised in old Survey No.144A and new Survey No.15/7 in Irugalur village, Gobichettiplayam Taluk. The entire