JUDGMENT :

(Common Prayer: Second Appeals are filed under Section 100 of Civil Procedure Code, against the judgment and decree in A.S.Nos.21 & 22 of 1999 on the file of the Sub Court, Ambasamudram dated 09.08.2002 reversing the judgment and decree in O.S.Nos.32 of 1994 and 29 of 1993 on the file of the Additional District Munsif Court, Ambasamudram dated 22.01.1999.)

1. S.A.No.1876 of 2002 arises out of O.S.No.32 of 1994 on the file of the Additional District Munsif Court, Ambasamudram for the relief of declaration of title and permanent injunction over the suit lane. The said suit was dismissed by the trial Court. The plaintiffs filed A.S.No.21 of 1999 before the Sub Court, Ambasamudram. The learned Subordinate Judge confirmed the decree with regard to declaration of title, but granted a decree to the effect that the plaintiffs would be entitled to use the second schedule pathway without effecting any alteration. As against the same, the defendant has filed the above second appeal.

2. S.A.No.1877 of 2002 arises out of O.S.No.29 of 1993 on the file of the Additional District Munsif Court, Ambasamudram. The plaintiffs claimed that the second schedule pathway is forming part of first sc