The defendants in the original suit are the appellants herein. Respondent Samiyathal filed the original suit for bare injunction alleging that her right of access to the road from her property through the road margin was sought to be obstructed by the appellants/defendants by putting up a construction for housing the office of a wing of the Police Department, namely CBCID office. The suit was resisted by the appellants/defendants by filing a common written statement containing parawar denial of the plaint allegations and also a contention that a sufficient space had been left to be used as an access to the property of the respondent/plaintiff from the road.

2. The learned trial Judge, after framing necessary issues, conducted a trial and at the end of trial, relying on an answer given by the plaintiff as PW1, during cross-examination, that she would not have any objection for the defendants putting up a construction after leaving a space sufficient for taking lorries to her go down and a further admission that a space with a width of 5 meter was left to be used as an access from the road to the property of the plaintiff, came to the conclusion that the respondent/plaintif