JUDGMENT

The petitioners have challenged an order, whereby they have been directed to remove certain obstructions in plaint B schedule way and restore the said way to the status prior to the suit. The petitioners are the defendants. The respondents/plaintiffs claim that plaint B schedule is a way which leads to their property which is scheduled as plaint A schedule. According to the plaintiffs, the property of the petitioners is situated to the south of plaint B schedule way. Ext.P1 is the plaint. The main prayer in the suit is for a mandatory injunction to remove 'C' schedule fence. The counsel for the petitioners submits that by the interim order, the main prayer in the suit itself has been granted even without taking evidence. The petitioners point out that the plaintiffs do not have a case that they are using the way as an easement and that the plaintiffs also do not have a case that plaint B schedule belongs to them. Even as per the plaint, what is stated is that on the southern side of the plaintiffs' property, the petitioners have left 3 metres and put up a