JUDGMENT :

C.T. Ravikumar, J.

1. The defendant Nos. 1 and 2 in O.S. No.6456 of 1993 on the file of the Court of XIV Additional City Civil Judge, Bangalore, filed this appeal under Article 136 of the Constitution of India, calling in question the judgment and decree dated 09.09.2010 passed by the Hon’ble High Court of Karnataka at Bengaluru in RFA No.1966 of 2007. They are the sons of the third defendant in the said suit, who died during its pendency. They filed the stated first appeal on being aggrieved and dissatisfied with the judgment and decree dated 04.07.2007 in O.S. No.6456 of 1993. During the pendency of the captioned appeal, the second appellant died and consequently his legal heirs were impleaded as additional appellants 2.1 to 2.4. Ergo, in this appeal, hereafter the original first appellant and the impleaded legal heirs of the deceased second appellant are collectively described as ‘appellants’, unless otherwise specifically mentioned. The respondent herein was the plaintiff in the said suit which was filed originally praying thus:-

“to grant a judgment for decree of permanent injunction restraining the first and second defendants either by themselves or through anyone on