(APPEAL against the judgment and decree of the Subordinate Judge's Court at Dharmapuri dated 28.07.2006 in A.S.No.52 of 2005 confirming the judgment and decree of the District Munsif Court at Dharmapuri dated 17.11.2004 in O.S.No.254 of 2000.)

The unsuccessful defendants in O.S.No.254 of 2000 on the file of the District Munsif Court, Dharmapuri are the appellants in the above appeal.

2. For the sake of convenience the parties are referred to as per their ranking in the suit.

3. The case of the plaintiffs is as follows:-

The lands in Survey No.307/6 of Mathemangalam village belongs to the plaintiffs. The second plaintiff purchased survey No.307/5 from the first defendant's brother-Kaveri and his son-Sakthivel under a registered sale deed dated 31.01.1994 together with the mamool pathway (suit pathway). An extent of 25 cents in Survey No.307 and a common right in the well in Survey No.307/6 and the right in the suit common pathway were purchased by the first plaintiff's father from one Periannan under a registered sale deed dated 21.05.1946 and since then he was enjoying the same and thereafter the plaintiffs are enjoying the same. The suit pathway runs west to east from the