JUDGMENT

The Second Appeal is filed against the reversing judgment of the lower appellat court. The suit was filed by the 1st respondent for recovery of vacant possession of suit 'B' schedule property and on failure to grant permanent injunction restraining the defendants from altering or causing damage to the suit 'B' schedule property. The suit was dismissed and the 1st respondent aggrieved by the dismissal of the suit filed the appeal in A.S.No.41 of 2017. The lower appellate court reversed the judgment and decree of the trial court and hence aggrieved by the reversing judgment and decree of the lower appellate court the appellants who are the defendants in the suit have filed the above Second Appeal.

2. During the pendency of the appeal, the 1st appellant died and his mother M.Rukmani was impleaded as 2nd appellant in the appeal. Thereafter the 2nd appellant also died and respondents 2 to 4 were impleaded as legal heirs of the deceased 2nd appellant.

3. It is submitted by the learned counsels appearing for the 1st appellant as well as 1st respondent that the respondents 2 to 4 are not occupying the suit properties and the dispute is only between the 1st appellant and the 1st resp