JUDGMENT :

(Prayer: Second Appeal filed under Section 100 CPC, against the judgment and decree made in A.S.No.10/2000 and A.S.No.104/2000 on the file of the court of Addl.Subordinate Judge, Mayiladuthurai dated 21.11.2002 in confirming the judgment and decree made in O.S.8033 of 1995 on the file of the court of Principal District Munsif, Mayiladuthurai dated 22.9.99.)

1. The Appellants have filed this Second Appeal challenging the concurrent findings of the Courts below. The Appellants are the defendants in the suit O.S.No.803 of 1995 on the file of the Principal District Munsif, Mayiladuthurai.

2. The suit was filed by the respondents seeking for a permanent injunction restraining the Appellants from interfering with the respondents right to construct a compound wall as per the Partition Deed dated 12.09.1963 which was marked as Ex.A1 before the Trial Court under the Partition Deed. The first Appellant and the respondents who are the brothers agreed that the respondents/plaintiffs are entitled to construct the compound wall in the four feet common pathway.

3. The contentions of the Appellants before the Courts below is that since the respondents/plaintiffs did not exercise the right o