JUDGMENT

(Prayer: This Second Appeal is filed under Section 100 of Civil Procedure Code, against the Judgment and Decree made in A.S.No. 56 of 2006 on the file of the Hon'ble Subordinate Judge at Ranipet, dated 23.04.2007, reversing the Judgment and decree dated 21.03.2005 in O.S.No. 214 on the file of the District Munsif Court, Ranipet.)

1. This is an unfortunate litigation which has come to this Court by way of Second Appeal filed by the plaintiff in O.S.No. 214 of 2004 which was before the District Munsiff Court at Vellore and which was decreed by Judgment dated 21.03.2005, necessitating the defendants in the suit to file A.S.No. 56 of 2006 before the Sub Court at Ranipet. The learned Sub Judge by Judgment dated 23.04.2007, reversed and interfered with the Judgment of the trial Court and set it aside, necessitating the filing of the present Second Appeal by the plaintiff in the suit.

2. The entire issue surrounds a pathway, which is to the east of the house of the plaintiff / appellant and to the south of the house of the defendants/respondents. Whether such pathway is exclusive to the appellant/plaintiff or whether it is to be in common use and also be enjoyed by the respondents/d