The Judgment was delivered by :

This appeal is directed against the judgment of the learned Subordinate Judge, Krishnagiri in A.S. No. 8 of 1986 in reversing the judgment of the learned District Munsif, Hazur in I.A. No. 344 of 1981 in O.S. No. 356 of 1968.

2. I.A. No. 344 of 1981 was filed under Order 20, Rule 12 of C.P.C. by the appellant herein and in the affidavit in support of the said petition, the appellant has contended as follows:-

He filed the suit against the defendants for declaration of his easementary right of passage to take his cattle to the suit lands through the lands of the defendants and for a permanent injunction and for recovery of damages for Rs. 2,000/- per year for the loss of agricultural operations and for future mesne profits. The defendants contested the suit and ultimately a decree was passed against the defendants on 24-7-1973. Against the decree, the defendants filed petition under Order 9, Rule 13 of C.P.C. to set aside the decree and the said application was dismissed. A further appeal was filed in C.M.A. No. 29 of 1977 and after the disposal of the same by the District Court on 28-4-1978, a revision was filed by the defendants in C.R.P. N