(1.) The appeal filed by the plaintiffs, who have lost their suit for declaration and injunction before Courts below.
(2.) Gist of the plaint: The suit property in S.Nos.126/2, 126/3, and 126/4 originally owned by one Padmanaban, who got the property from his father Perumal. The said Padmanaban sold it to Pattappa Gounder on 06.06.1993. The plaintiffs Venkatachalam and others are the sons and daughters of Pattappa Gounder. In S.No.126/2, there is a cart track. In S.No.126/3 there is a cart track and grain drying yard (kalam). Earlier the plaintiff Senniyappa Gounder filed O.S.No.254/1994 against Pattappa Gounder and his son Vekatacham for declaration of exclusive title over a Koppu (water channel) in S.No.126/4 (marked ''AB'' in the plaint plan) and permanent injunction. In turn, Pattappa Gounder and Venkatachalam filed suit O.S.No.291/1994 against Chenniappa Gounder for injunction in respect of 14 feet cart track running through S.No.126/3 up to the property of Pattappa Gounder. The cart track marked as ''ABC'' in that suit plan. These two suits reached finality in A.S.No.71/1998 and A.S.Nos.8,9 and 13 of 1999.
(3.) In the batch of Appeal Suits arising from the suits in O.S.No.254/1994 and O.S.No.291/1994, the lower appellate Court reversed the trial Court judgment and declared the Koppu in S.No.126/4 as common Koppu. The defendants (Chenniappa Gounder and his descendants) in that suit were restrained from interfering the peaceful common enjoyment of the Koppu by Pattappa Gounder and Venkatachalam. Also restrained Chenniappa Gounder and his descendants from interfering the right of way to Pattappal Gounder and his son Venkatachalam using the cart track ''ABC'' to reach the Koppu. The lower appellate Court passed the above common judgment on 21/06/2002.