( 1. ) THE Judgment and decree dated 09.08.2007 passed in Appeal Suit No.41 of 2006 by the Principal Sub Court, Kumbakonam are being challenged in the present Second Appeal.

( 2. ) THE appellant herein as plaintiff has instituted Original Suit No.4 of 2004 on the file of the Principal District Munsif Court, Valangaiman at Kumbakonam for the relief of mandatory injunction, wherein the present respondents have been shown as defendants.

The trial Court after considering the rival evidence adduced on either side has decreed the suit as prayed for. Against the Judgment and decree passed by the trial Court, the defendants 1 to 4 as appellants have preferred Appeal Suit No.41 of 2006 on the file of the first appellate Court.

( 3. ) THE first appellate Court after hearing both sides and upon reappraising the evidence available on record has allowed Appeal Suit No.41 of 2006 and thereby set aside the Judgment and decree passed by the trial Court in Original Suit No.4 of 2004. Against the Judgment and decree passed by the first appellate Court, this Second Appeal has been preferred at the instance of the plaintiff as appellant.

( 4. ) AT the time of admitting the present Second Appeal