JUDGMENT: The defendants filed this Second appeal against the reversing judgment of Shri B. S. Patnaik, Subordinate Judge of Balasore decreeing the plaintiffs suit for a declaration of their right of way over the disputed land belonging to the defendants and directing the defendants to remove the obstructions raised by them to the plaintiffs right of way over the said land and permanently restraining them from closing the pathway.

2. The plaintiffs case is that there is a public road (plot No. 52) running east-west between the homesteads of the parties and the suit pathway is situated on the fallow plots of the defendants and has its point of entrance from the said public road near the front of the plaintiffs homestead and its point of departure on a village pasture land which is on the north-east of the said pathway and is being used as a way by the plaintiffs for generations and for more than thirty years peaceably and openly and as of right without any interruption; that the plaintiffs are using the said way for going to and fro to the pasture land with their cattle and for going to and fro to the neighbouring village and to the market of the said village and the women folk of th