JUDGMENT

(Prayer: Second Appeal filed under Section 100 CPC, 1908 against the decree and judgment dated 20.11.2009 passed in A.S. No.85 of 2008, on the file of the Subordinate Judge, Dharmapuri, upholding the decree and judgment dated 22.01.2007 passed in O.S. No.156 of 2005, on the file of the District Munsif Court, Dharmapuri.)

1. The appellants are the defendants in O.S. No.156/2005 on the file of the District Munsif Court, Dharmapuri. The respondent/plaintiff filed the said suit for declaration of her right over the suit pathway and also for a permanent injunction restraining the appellants/defendants from interfering with her peaceful possession and enjoyment of the same and for costs.

2. For the sake of convenience, the parties are referred to as per their ranking in the trial court and at appropriate places, their rank in the present appeal would also be indicated.

3. The case of the plaintiff and the defendants is as follows:

3.1. The plaintiff and her predecessor in title were using the 4 feet wide and 70 feet long suit pathway for more than 20 years. According to the plaintiff there is no other pathway for her to reach her land and that the defendants are attempt