This second appeal is focussed by the plaintiff, animadverting upon the judgment and decree dated 210. 2006 passed in A.S.No.37 of 2006 by the Sub-Court, Nagapattinam, confirming the judgment and decree dated 14. 2006 passed by the District Munsif, Nagapattinam, in O.S.No.12 of 2003, which was filed for mandatory injunction.

2. The appellant herein as plaintiff filed the suit O.S.No.12 of 2003 seeking mandatory injunction to remove the construction put up by the defendants in the suit pathway and also to restrain the defendants from interfering with the use of the pathway by the plaintiff on the main ground that ever since he acquired the property, to the East of the suit pathway, he has been using it for ingress and egress to his property and that his predecessor in title, namely, his vendor also was using the same.

3. Whereas the defendants entered appearance and resisted the suit by filing written statement remonstrating and refuting the allegations in the plaint and also pointing out the rebarbative and antipathetical attitude, which the plaintiff was emitting towards the defendants in their enjoying their own exclusive suit pathway, which forms part of their own land,