The defendants 3 and 4 came up with this appeal. Originally a suit for injunction with a prayer not to measure the plaint schedule property or to trespass upon the plaint schedule property was filed against the Survey authorities, the first and second defendants and also against defendants 3 and 4, the appellants herein. That suit was filed on 28.06.2003. Subsequently an amendment application was filed on 06.03.2006, wherein the suit was amended as the one for declaration of prescriptive right of easement of way over 'C' schedule. The 'B' and 'C' schedules were incorporated by way of amendment. Originally the suit was filed with respect to 'A' schedule property alone. After the amendment the suit became one for declaration of easement right over the 'C' schedule property based on the dominant heritage – 'B' schedule. The 'B' and 'C' schedule were subsequently incorporated in the plaint schedule by way of amendment dated 06.03.2006.

In fact a new suit was substituted in the place of earlier one by incorporating 'B' and 'C' schedule and a relief of prescriptive easement over 'C' schedule for the convenient user of 'B' schedule. The suit was proceeded with and the Trial Court