JUDGMENT

A.C. Behera, J.

2. The appellants of this 2^nd appeal were the defendants before the trial court in the suit vide T.S. No.07 of 1984 and they were the appellants before the 1^st appellate court in the 1^st appeal vide T.A. No.40 of 1989.

4. The suit of the plaintiffs vide T.S. No.07 of 1984 was a suit for mandatory injunction and damages.

According to the plaintiffs, they made a drain on their own land at the Western side of their house in order to discharge the water of their house, but, since the year 1975, the defendants started discharging the foul water of their house into the said train by making some holes on their Eastern side compound wall, as a result of which, unhygienic atmosphere created for the plaintiffs family. The defendants also demolished a portion of the compound wall of their house 06.06.1980, thereby exposing the front part of the house of the plaintiffs to the trespassers, thieves, stray dogs, cattle etc. The defendants delib