KULANTHAIAMMAL Vs. SUBBIAH

JUDGEMENT

(1.) The defendants 1 and 2 in the suit in O.S.No.317 of 2008 on the file of the Additional District Munsif Court, Sankarankovil, are the appellants in this Second Appeal.

(2.) The respondents 1 to 3 herein, as plaintiffs, filed a suit in O.S.No.317 of 2008 on the file of the Additional District Munsif Court, Sankarankovil, for a declaration that the suit third schedule is the common pathway of plaintiffs and third defendant exclusively and for a consequential injunction restraining the appellants herein from interfering with the peaceful enjoyment of plaint third schedule by the plaintiffs and third defendant either by putting up any doorway facing third schedule or by constructing steps in the property. The suit is also for a mandatory injunction directing the appellants to close the doorway recently opened by the appellants facing the suit property.

(3.) The case of plaintiffs set out in the plaint is as follows: