JUDGMENT

(Prayer: Second Appeal filed under Section 100 of the Civil Procedure Code, against the judgment and decree of the learned Subordinate Judge, Dharapuram in A.S.No.9 of 2014 dated 01.11.2016 in confirming the Decree and Judgment of the learned District Munsif, Kangayam in O.S.No.251 of 2011 dated 01.02.2015.)

1. The unsuccessful defendants are the appellants. The respondents herein filed a suit for bare injunction restraining the appellants from interfering with their right to lay pipeline underneath the suit common pathway to take water to their land and for other reliefs. The suit was decreed by the Trial Court and the findings of the Trial Court were affirmed by the First Appellate Court. Aggrieved by the concurrent findings, the defendants have come by way of this second appeal.

2. According to the respondents/plaintiffs, the appellants/defendants are their Southern neighbours. There is a East West pathway on the Southern side of the defendants' property, which turns North on the Eastern side of defendants' property and reach the respondents'/plaintiffs' property. The suit property originally belongs to Karuppa Gounder's family and there was a partition in his family on 25