A.SUBRAMANI(DIED) Vs. P.R.CHELLAMANI

JUDGEMENT

(1.) The above Second Appeal arises against the Judgment and Decree passed in A.S.No.47 of 2007, on the file of the Principal Subordinate Court, Dindigul, confirming the Judgment and Decree passed in O.S.No.13 of 2006, on the file of District Munsif cum Judicial Magistrate, Natham.

(2.) The defendants 1 and 2 have filed the above Second Appeal. The first appellant died during the pendency of the Second Appeal and his legal representatives were brought on record as the appellants 3 to 9. The first respondent is the plaintiff and the respondents 2 and 3 are the defendants 3 and 4. The plaintiff filed the suit in O.S.No.13 of 2006 to declare the suit pathway as a common pathway of the plaintiff and the defendants and for mandatory injunction to remove the superstructure put up in the suit property.

(3.) The brief case of the plaintiff is as follows: