MANOHAR PERSHAD, J.

( 1 ) S. A. No. 85 of 1957, on behalf of the defendants is directed against the judgment and decree of the Subordinate Judge of Anantapur dated 26/02/1957, allowing the appeal and decreeing the suit of the plaintiff respondent, for a declaration of his right to the use of the cart tracks A B C D and A B C E in the plaint plan and for a permanent injunction restraining the defendants from interfering with the respondents user of the above siad cart tracks, which was dismissed by the District Munsif.

( 2 ) THE facts which given rise to this appeal are: The appellants and the respondent are residents of Konapuram Village in Kalyandurg Taluk and are closely related to each other. The respondent is the owner of plot P in Cherlothota shown in the plaint plan. The way to this field is through G. A. B. C. D. in the plaint plan and at point C the way bifurcates; the C E is used for taking carts to Cherlothota. All the sharers of Cherlothota have been using the said track for taking their carts to Cherlothota as well as to Paduthota and other fields to the west and the respondent and his predecessors have been using the cart track form time immemorial without any obstructi

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