(Prayer: Second Appeal filed under Section 100 of the Code of Civil Procedure against the judgment and decree dated 29.07.2008 made in A.S.No.50 of 2007 on the file of the Principal Sub Court, Tenkasi, in confirming the judgment and decree dated 16.02.2007 made in O.S.No.194 of 2004 on the file of the District Munsif Court, Shencottah.)

1. This second appeal is focussed by the defendants challenging the judgment and decree dated 29.07.2008 passed in A.S.No.50 of 2007 on the file of the Principal Sub Court, Tenkasi, in confirming the judgment and decree dated 16.02.2007 passed in O.S.No.194 of 2004 on the file of the District Munsif Court, Shencottah.

2. The parties, for the sake of convenience, are referred to hereunder according to their litigative status and ranking before the trial Court.

3. Broadly, but briefly, the relevant facts absolutely necessary for the disposal of this second appeal would run thus:

The plaintiffs filed the suit seeking the reliefs to the effect that the defendants should remove the encroachment made in the common pathway on the main ground that the pathway found described in the schedule of the plaint is the one meant for the use of both parties; how