MARUDHAYEE AND ORS. Vs. KALIAMMAL AND ORS.

JUDGEMENT

(1.) The appellants are the defendants 2 to 6 in the suit in O.S.No.218 of 1997 on the file of the learned Additional District Munsif, Namakkal. The respondents 1 to 3 herein are the plaintiffs in the suit and the other respondents are the other defendants in the suit. The plaintiffs filed the said suit for declaration that the plaintiffs have got right to enjoy the pathway in the property shown as ABCDEF in the rough plan appended to the plaint and for consequential relief of injunction to restrain the defendants from in any manner interfering with the right of the plaintiffs to use the suit pathway. By decree and judgment dated 02.04.2004, the trial Court decreed the suit as prayed for. As against the same, the appellants filed an appeal in A.S.No.27 of 2004 on the file of the learned Subordinate Judge, Namakkal. By decree and judgment dated 27.06.2008, the First Appellate Court dismissed the appeal thereby confirming the decree and judgment of the trial Court. Challenging the same, the appellants/defendants 2 to 6 are before this Court with this second appeal.

(2.) This second appeal has come up today for admission. The respondents 1 to 3 have appeared through their learned counsel Mr.D.Shivakumaran and the fifth respondent has appeared through his learned counsel Mr.R.Neethi Perumal.

(3.) I have heard the learned counsel for the appellants; the learned counsel for the respondents 1 to 3 and the learned counsel for the fifth respondent and I have also perused the records carefully.