(1.) This memorandum of second appeal has been directed against the judgment and decree, dated 6.2.2001 and made in A.S. No. 5 of 1998 on the file of the learned Subordinate Judge, Thiruvallur allowing the appeal partly and decreeing the suit in part in respect of the relief of permanent injunction. The appellants herein are the defendants in the suit in O.S. No. 511 of 1989 whereas the respondent is the plaintiff.
(2.) During the course of pendency of the second appeal, the fourth defendant had passed away and therefore, the appellants 5 to 8 were brought on record as the legal representatives of the deceased fourth defendant vide order of this Court, dated 8.9.2011 and made in C.M.P. No. 738 of 2011.
(3.) The crucial question involved in this appeal is:--