JUDGMENT :

V. LAKSHMINARAYANAN, J.

Prayer: Second Appeal filed under Section 100 of the Code of Civil Procedure against the Judgment and Decree dated 29.08.2003 in A.S.No. 125 of 2002 on the file of the learned I Additional District Judge, Coimbatore, reversing the Judgment and Decree dated 07.12.2001 in O.S.No. 978 of 1991 on the file of the learned III Additional District Munsif, Coimbatore.

1. The legal heirs of the defendants in O.S.No. 978 of 1991 on the file of the learned III Additional District Munsif, Coimbatore, are the appellants before this Court.

2. The aforesaid suit was presented for the following relief:

“(a) granting a mandatory injunction directing the defendants to remove the obstructions that were made in the suit passage.

(b) granting a permanent injunction restraining the defendants from putting up any further construction on the suit passage.

(c) granting a permanent injunction restraining the defendants from interfering with the peaceful possession, enjoyment and user of the suit passage in any manner whatsoever.”

3. It is the case of the plaintiffs that they are the owners of the property bearing Door Nos.45, 45A and 45B of Pachapalayam Village, Padathurai Post, Ma