JUDGMENT

The appellant herein are the plaintiff and the respondents herein are the defendants before the trial Court.

2. For the sake of convenience, the parties are referred to as per their rank before the trial Court.

3. The brief facts, leading to the filing of this Second Appeal, are as follows:

According to the plaintiff, the suit property is the Well and it is appurtenant space situated in S.F.No.325/2. In which, the plaintiff has got 1/4th undivided share. According to the plaintiff, the defendants encroached into the suit property by putting up a Wall measuring 3 feet. It is the further submission that the defendants have no right what so ever in the suit property, therefore, he prayed for an injunction restraining the defendants and their men not to disturb the peaceful possession and enjoyment of the property and also for mandatory injunction, for the removal of encroachment.

4. The said suit was resisted by the defendants by contending that they are the absolute owners of the property situated in S.F.No.325/1 and that they did not make any encroachment into the suit property, and that only with the personal enmity, the plaintiff instituted the suit against the defendants, he