JUDGMENT

(Prayer: Second Appeal is filed under Section 100 of C.P.C, to set aside the judgment and decree dated 06.07.2018 passed in A.S.No.65 of 2015 on the file of the I Additional Sub Court, Nagercoil confirming the judgment and decree dated 29.10.2014 passed in O.S.No. 106 of 2012 on the file of the I Additional District Munsif Court, Nagercoil.)

1. The defendants are the appellants.

2. The plaintiffs filed O.S.No.106 of 2012 before the I Additional District Munsif Court, Nagercoil, Kanyakumari District for declaration that the plaint 'D' schedule property is part and parcel of plaint 'C' schedule 15 feet common pathway. The plaintiffs further prayed for a declaration that the sale deed dated 02.12.2011 executed by the second defendant through the third defendant in favour of the first defendant with regard to 'D' schedule property is invalid and void and will not bind the plaintiffs. The plaintiffs further prayed for permanent injunction restraining the defendants from interfering with the plaintiffs common right of pathway over the plaint 'C' schedule property by constructing any building or obstructing the 15 feet common pathway in 'C' schedule property including the 'D' schedu