The defendants in O.S.No.60 of 1984 on the file of the II Additional Sub Judge, Erode, are the appellants herein.

2. The respondent/plaintiff filed a suit for declaration of his right to use the suit cart track and consequential injunction restraining the defendants from interfering with the plaintiffs user of the suit cart track. The trial court dismissed the suit. However, in the appeal in A.S.No.95 of 1987 on the file of the Principal District Judge of Periyar District at Erode, the first appellate Judge reversed the order of dismissal of the suit, allowed the appeal and decreed the suit in favour of the plaintiff. Hence, this second appeal by the defendants.

3. During the pendency of the appeal, the first appellant/first defendant died. Therefore, a memo has been filed by the counsel for the appellants stating that since the second appellant is the son and only legal representative of the first appellant, the said fact may be recorded by this Court and necessary orders may be passed. Accordingly, the second appellant being the legal representative of the first appellant is permitted to prosecute the appeal.

4. At the timeof admission, this Court formulated the foll