Panchapakesa Ayyar, J.- This appeal was posted before Govinda Menon, J., (as he then was). He has, because of divergence of views between Judges, regarding whether notes of a local inspection made by a Court should be prepared and kept on record or not and whether the failure to do so would vitiate the judgment or not, referred this Second Appeal to a Bench for being decided by it. That is how it has come before us.

The facts were briefly these: O.S. No. 107 of 1950 on the file of the District Munsif, Gobichettipalayam, was filed by one Kaliammal alias Thayammal, for a declaration of her easementary right to use the suit pathway A B C marked ereen in the suit plan, to go to her land S. No. 44-C and to take her men, cattle and carts along it, and for a permanent injunction restraining the defendants and their men from obstructing her and her men from walking along or taking men and cattle and carts along the said pathway, ABC and for costs. The suit was stoutly resisted by the defendants on the ground that the plaintiff had no easementary right of any kind, and that she had no right to take any carts or cattle or men along the pathway. The learned District Munsif, after discussing th

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