JUDGMENT :

(Common Prayer: Second Appeals filed under Section 100 of the Code of Civil Procedure against the judgment and decree dated 30.11.2007 made in A.S.No.71 of 2004 and A.S.No.50 of 2005 respectively on the file of the Subordinate Judge's Court at Dharmapuri reversing the Judgment and Decree dated 29.10.2004 made in O.S.No.282 of 1997 on the file of the District Munsif Court at Palacode.)

1. These twin appeals arise out of two decrees passed in two separate appeals, both of which have arisen from O.S.No.282 of 1997. The suit is laid for declaration of plaintiff's right over a cart track in the suit property. Parties would be referred to by their rank before the trial Court.

1.2. The suit came to be decreed as against which the 1st defendant has filed A.S.No.71 of 2004 and the defendants 2 and 3 had filed A.S.No.50 of 2005. Both these appeals came to be disposed of by a common judgment of the first Appellate Court, by which it allowed the appeals and non suited the plaintiff. Challenging the same, the plaintiff has come forward with these appeals.

2.1 There is a broader agreement on substantive facts, and the only dispute relates to the right of way. Hence the facts not in disput