Challenging the fair and final order passed in I.A.No.76 of 2015 in O.S.No.9933 of 2010 on the file of XVIII Additional City Civil Court, Chennai, the 3rd defendant has filed the above appeal.

2. The plaintiff filed the suit in O.S.No.9933 of 2010 for the following reliefs:-

(i) for declaration that the construction put up by the 3rd defendant at No.8, Musuri Subramaniyam Salai [Oliver Road], Mylapore, Chennai - 600 004 is an illegal, unauthorised construction, without any proper sanctioned plan and in gross violations;

(ii) for declaration that the plaintiff is entitled for a right of easement to get free flow of air, light from the eastern side and privacy to the plaintiff's family and to enjoy their easement rights undisturbed including encroachment to the entire length of the plaintiff's property; and

(iii) for a consequential mandatory injunction.

3. The suit was filed by the plaintiff as early as on 08.12.2008. The defendants filed their written statement and were contesting the suit.

4. The Trial Court posted the suit for trial and the plaintiff had also filed his proof affidavit. At that stage, since the 3rd defendant failed to appear before the Trial Court, the Trial C