JUDGMENT

This second appeal has been filed by the appellants/defendants challenging the judgment and decree, dated 08.02.1999, passed by the first appellate Court in A.S.No.80 of 1998, whereby and whereunder the first appellate Court has set aside the judgment and decree passed in O.S.No.116 of 1995 and granted the decree of declaration and injunction to certain extent.

2. For better appreciation and understanding, the parties are referred to as per their rank in the suit.

3. The case of the plaintiffs is that the plaint 1st schedule property mentioned as ABCD in the plaint plan measuring about 90 cents was originally belonged to one Nagul Naidu and he divided the same into plots and sold the same to the plaintiffs by leaving the 2nd schedule property, which is mentioned as DEFA in the plaint plan, as pathway on the southern side. According to the plaintiffs, the suit 2nd schedule property - pathway was exclusively given for the benefit of the plaintiffs only. While so, the defendants, who have purchased the properties on the southern side of the second schedule property and constructed their houses on south facing, have attempted to put up an opening in the northern wall of their re