1. The plaintiffs in O.S.No.357 of 1981 have filed these Second Appeals having aggrieved by the common judgments and decrees of the courts below.

2. The appellants/plaintiffs filed a suit in O.S.No.357 of 1981, on the file of the Sub-Court, Salem seeking for a declaration declaring that the “CD” Road as shown in the plaint plan in Mohanaad Peak Estate is a private road belonging to the plaintiffs and for injunction restraining the defendants from taking proceedings under Sec.133 of the Criminal Procedure Code and also exercising jurisdiction over the “CD” Road.

3. According to the plaintiffs, as per the final decree passed in O.S.No.501 of 1975 on the file of the Sub-Court, Salem, the Mohanaad Peak Estate belongs to the plaintiffs exclusively. The same was divided into four equal parts and there are number of private roads running on the said estate. A total extent of 6 acres 52 cents is the area covered by the said private roads. The Government loop road goes from Semmanatham village to cauvery peak and Northenchedu village. There is a private road belonging to the plaintiffs exclusively branching from loop road which has been shown as “CD” in the rough plan runs about