JUDGMENT :

The plaintiff is before this Court challenging the judgment and decree dated 8.10.2007 in A.S.No.43 of 2006 in and by the which the learned Principal Subordinate Judge, Gobichettipalayam had reversed the judgment and decree dated 28.9.2006 in O.S. No. 21 of 2001 passed by the learned District Munsif, Gobichettipalayam.

2. The parties are referred to in the same array as in the suit.

3. The plaintiff had filed O.S.No.21 of 2001 on the file of the learned District Munsif, Gobichettipalayam, seeking for a bare injunction restraining the defendants from interfering with his peaceful possession and enjoyment of the suit pathway and subsequently the suit was amended to include the relief of mandatory injunction as the defendants had put up a fence, blocking the access of the plaintiff.

4. The case of the plaintiff was that under a sale deed dated 7.04.1974 he had purchased the suit schedule property along with right of way attached to the property. The defendants, who had property adjacent to the properties of the plaintiff, had started interfering with the plaintiff's right of way which was being enjoyed from time immemorial by himself and his predecessor in title. On 29.01.2001,