1. The present second appeal has been filed by the defendant as against the judgment and decree passed by the learned Additional District Judge, Namakkal, in A.S. No.378 of 2002, dated 08.04.2005, reversing the judgment and decree passed by the by the learned Principal District Munsif Court, Namakkal, in O.S.No.645 of 1996, dated 05.12.1997.

2. Brief facts leading to the filing of the second appeal are given as under:-

The plaintiffs originally filed a suit for bare injunction against the defendant, his men, agent and others, restraining them from preventing the plaintiffs in using the common pathway. The cause of action averred by the plaintiffs in the plaint shows that when there is a pathway in the ABC area running from north-south for the last 100 years, both the plaintiffs and the defendant are using the said pathway without any disturbance from anyone. Whileso, when the defendant has informed that he is going to have a new pathway on the southern side of ABC area having an extent of 1.5 feet, in a way preventing the plaintiffs, the plaintiffs constrained to file the present suit with the aforesaid prayer.

3. A detailed written statement was filed by taking a speci