JUDGMENT :

Challenge in this second appeal is made to the judgment and decree dated 04.04.2008 passed in A.S.No.125 of 2008 on the file of the III Additional Judge, City Civil Court, Chennai confirming the fair and decreetal order dated 03.03.2008 passed in I.A.No.20208/2007 in O.S.No.6116 of 2007 on the file of the XI Assistant Judge, City Civil Court at Chennai.

2. For the sake of convenience, the parties are referred to as per the rankings in the trial court.

3. The plaintiffs in O.S.No.6116 of 2007 are the appellants in this second appeal.

4. O.S.No.6116 of 2007 has been laid by the plaintiffs for the relief of permanent injunction restraining the defendant, their men, agent or anybody claiming under them from fixing a gate to make a thorough fare from Nathan Street.

5. The case of the plaintiffs in brief is that they are the owners and residents of flats, apartments and houses at Nathan Street, Harrington Road, Chetpet, Chennai 600 031 and Nathan street is a dead end street and the houses were constructed prior to 1980. The Nathan Street is a 30ft road and towards the right side of the Nathan Street is the compound wall of Madras Christian College Higher Secondary School, the defen