JUDGMENT :- The defendant in O.S. Nos.741 and 742 of 1984, in the Court of I Additional Munsif Magistrate, Guntur, filed these two second appeals. During the pendency of the appeals, he died and his legal representatives were brought on record.

2. O.S. No.741 of 1984 was filed by the respondents in S.A. No.479 of 2004, for the relief of perpetual injunction, restraining the appellants and their men, from causing obstruction to use the common passage, marked as ABCD in the plaint schedule, for reaching their house from the bazaar. It was pleaded that the common passage is provided under a document, marked as Ex.A.2 dated 4-8-1934, for the common benefit of all the persons mentioned therein, and despite the same, the appellants have highhandedly prevented them from using the passage. The appellants, on the other hand, pleaded that the land covered by the passage is their exclusive property, and that the respondents do not have any right to use the same.

3. Respondents in S.A.No.480 of 1994 filed O.S. No.742 of 1984, against the appellants, seeking the relief of perpetual injunction, restraining the appellants from laying napa slabs in the suit· schedule property, which is said to be a

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