JUDGMENT :

(Prayer: This Second Appeal is filed under Section 100 of Civil Procedure Code, against the Judgment and Decree dated 11.07.2003 made in A.S.No. 55 of 1999 on the file of the Sub Court, Sankari, confirming the Judgment and Decree dated 24.02.1999 made in O.S.No. 146 of 1993 on the file of the District Munsif Court, Sankari.)

1. The 4th to 8th defendants in O.S.No. 146 of 1993 on the file of the District Munsif Court, Sankari, are the appellants herein.

2. The suit O.S.No. 146 of 1993 had been filed by the first and second respondents/Nalla Gounder and his son A.N.Muthusamy against three defendants, seeking permanent injunction restraining the defendants from interfering with peaceful possession and enjoyment of the suit Item No.1 of the properties as prescribed in the schedule to the plaint and for a permanent injunction restraining the defendants from destroying or preventing the plaintiffs from using the cart tract as described in Item No. 2 of the schedule to the plaint and for a mandatory injunction to restore the cart track in Item No. 2 of the schedule to the plaint.

3. During the course of trial, the third defendant died and his legal representatives had been brought