JUDGMENT

This Appeal Suit is preferred against the judgment and decree passed in O.S.No.9230 of 2010 dated 12.10.2012 on the file of the learned XV Additional District Court, Chennai.

2. This is a suit for damages filed by the plaintiffs against the defendants.

Brief facts as per plaint, are as under:

The plaintiffs submits that the house and ground bearing Door No.21, (New No.45) South Mada Street, Mylapore, Chennai, belongs to the plaintiffs. The 1st defendant was the owner of property bearing Door No.20 New No.43, South Mada Street, Mylapore, Chennai,-4 situated on the east of the house property of the plaintiffs. The 1st defendant had sold a portion of the said property to the 2nd defendant herein. The 3rd defendant had demolished the old construction and started putting up a new construction in the property situated on the east of plaintiffs' house.

The plaintiffs extended their co-operation to the 3rd defendant while removing the western wall by the 3rd defendant. After removal of the wall, the 3rd defendant started digging up the ground in the adjacent property for laying foundation and for putting up the basement. While doing so, the 3rd defendant used heavy earth moving equipm