IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 10.11.2023 CORAM THE HONOURABLE MR. JUSTICE S.SOUNTHAR S.A.No.755 of 2017

1.Jayapal

2.Karunakaran

3.Punitha ...Appellants Vs.

Agila Ammal ...Respondent PRAYER : Second Appeal filed under Section 100 of the Civil Procedure Code, to set aside the judgment and decree dated 29.04.2017 passed in A.S.No.31 of 2014 by the Sub-ordinate Judge, Dharmapuri confirming the judgment and decree dated 24.02.2014 passed in O.S.No. 195 of 2002 by the District Munsif, Dharmapuri.

For Appellants : M/s.Arun Anbumani For Respondent : No appearance

J U D G M E N T

The unsuccessful defendants in the suit are the appellants. The respondent herein filed a suit seeking declaration of easementary right over the suit ABCD pathway and for consequential injunction restraining the appellants from interfering with her right of user over the ABCD pathway. The Trial Court decreed the suit as prayed for and the first appeal filed by the appellants was also dismissed. Aggrieved by the concurrent findings, the appellants have come up before this Court by way of this second appeal.

2. It is the case of the respondent that the house property was settled in her favour by one Chik