RANGANATHAN AND ORS. Vs. SANNAMANIAMMAL AND ORS.

JUDGEMENT

(1.) The defendants 1 to 4 in O.S. No. 708 of 2003 on the file of the learned II Additional District Munsif, Salem are the appellants herein. The respondents 1 to 4 herein are the plaintiffs and the respondents 5 and 6 herein are the defendants 5 and 6 in the suit. The said suit was filed by the respondents 1 to 4 herein for permanent injunction to restrain the defendants from in any manner interfering with the right of the plaintiffs to use the suit property comprised in two survey numbers as pathways to reach their land comprised in S. No. 10/11. The trial Court by decree and judgment dated 18.09.2009 decreed the suit as prayed for. As against the same, the appellants herein filed an appeal in A.S. No. 116 of 2009 on the file of the learned Principal Subordinate Judge, Salem. By decree and judgment dated 22.07.2010, the First Appellate Court dismissed the appeal thereby confirming the decree and judgment of the trial Court. Challenging the same, the appellants/defendants 1 to 4 are before this Court with this second appeal.

(2.) During the pendency of this second appeal, the first respondent Mrs. Sannamaniammal died and the seventh respondent herein was therefore, impleaded as her legal representative. This second appeal has come up today for admission. I have heard the learned counsel for the appellants and I have also perused the records carefully.

(3.) The case of the plaintiffs is as follows: - -