K. KRISHNAMOORTHY Vs. NAGAMMAL AND ORS.

JUDGEMENT

(1.) Plaintiff, who lost his case before both the courts below is the appellant in the second appeal. The plaintiff/appellant herein filed the abovesaid suit for the relief of declaration that the plaintiff is entitled to the user of the common pathway for his free engress and ingress without any hindrance whatsoever to reach "A" schedule property and for mandatory injunction directing the defendants to remove the unlawful obstruction of 2 feet brick wall on the west of "B" schedule property and situate very near to south of the "A" schedule property on or before a date that may be prescribed by the court and in failure thereof, to appoint an officer of the court to effect such removal at the cost of the plaintiff, which is recoverable by him from the defendants later.

(2.) The case of the plaintiff is as follows:-

(3.) The suit was resisted by the defendants/respondents herein contending as follows:-