The unsuccessful and undaunted plaintiff as appellant in the present second appeal has challenged the concurrent Judgments and decrees passed in Original Suit No.64 of 2000 by the District Munsif cum Judicial Magistrate Court, Orathanadu and in Appeal Suit No.32 of 2007 by the Sub Court, Pattukottai.

2. The present suit has been instituted for declaring that the plaintiff is having easmentary right over the suit pathway which is in existence in RS.No.52C/16B2 and also for passing permanent and mandatory injunctions, wherein, the present respondent has been shown as defendant.

3. It is averred in the plaint that the plaintiff is the absolute owner of the land comprised in old RS.No.52C/14, new RS.No.52C/7B3. The plaintiff has constructed a house in the said survey number. In front of the house of the plaintiff, a pathway is in existence, running north south and subsequently towards east and running east-west and joined on main road. The pathway in dispute has been described as ABCD in the plaint plan and the same is in existence from time immemorial. The said pathway commences from the main road at point AB and joined on the main road at point CD. The said pathway is not