KARUPPANNA GOUNDER Vs. KOLANDASAMY

JUDGEMENT

(1.) S.A.No.1229 of 2010: The plaintiffs in this Second Appeal have impugned the judgment and decree dated 17.03.2010 made in A.S.No.81 of 2008 on the file of the Principal Subordinate Court, Erode, confirming the judgment and decree dated 30.06.2008 made in O.S.No.658 of 2005 on the file of the first Additional District Munsif Court, Erode. S.A.No.102 of 2011: The defendant in this second Appeal has challenged the judgment and decree dated 17.03.2010 made in Cross Objection in AS.No.81 of 2008 on the file of the Principal Subordinate Court, Erode, confirming the judgment and decree dated 30.06.2008 made in O.S.No.658 of 2005 on the file of the first Additional District Munsif Court, Erode.

(2.) The suit has been laid by the plaintiffs for permanent injunction.

(3.) The suit property is stated to be situated in Erode Taluk, Erode Village, S.F.No.286/1 corresponding to R.S.No.343/2, the cart track runs on its western side to a width of 16 feet and to the length of 150 feet. So it could be seen that the suit property according to the plaintiffs, is a cart track running in RS.No.343/2 of a particular width and length. Now according to the plaintiffs they claim easementary right over the suit property by grant, by prescription and by easement of necessity. The plaintiffs case is that originally S.F.No.286/1 corresponding to R.S.Nos.343/1, 2, 3 of Erode Village formed a single unit and subsequently, by division of the properties through various modes, the suit cart track had been formed and hence the plaintiffs are claiming easementary right to the suit cart track as above mentioned.