IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 25-10-2025 CORAM THE HON'BLE DR.JUSTICE R.N.MANJULA M.P.No.1 of 2010

1. Balakrishnan, S/o.Govindaiya, Chinnaperumalkuppam Village, Hamlet Of Erukkampattu Village, Katpadi Tk., Vellore Dt.

2. Ramachandran, S/o.Govindaiya, Chinnaperumalkuppam Village, Hamlet Of Erukkampattu Village, Katpadi Tk., Vellore Dt.

3. BAKKIYAMMAL(died)

W/o.Subramani, Chinnaperumalkuppam Village, Hamlet Of Erukkampattu Village, Katpadi Tk., Vellore Dt.

4. PERUMAL(died)

S/o.Munusamy, Chinnaperumalkuppam Village, Hamlet Of Erukkampattu Village, Katpadi Tk., Vellore Dt.

5. M.Subramani S/o.Munusamy Chinnaperumalkuppam Village, Hamlet Of Erukkampattu Village, Katpadi Tk.

Vellore District.

6. SANTHAMMAL W/o.Late. Perumal Chinnaperumalkuppam Village, Hamlet Of Erukkampattu Village, Katpadi Tk. Vellore District.

7. MUNISAMY S/o.Late. Perumal Chinnaperumalkuppam Village, Hamlet Of Erukkampattu Village, Katpadi Tk. Vellore District.

8. P.Kesavan S/o.Late. Perumal Chinnaperumalkuppam Village, Hamlet Of Erukkampattu Village, Katpadi Tk. Vellore District.

9. KAVITHA W/O.LATE.MANOHARAN CHINNAPERUMALKUPPAM VILLAGE, HAMLET OF ERUKKAMPATTU VILLAGE, KATPADI TK. VELLORE DISTRICT.

A3 died, A5 is recognized as legal heir of the deceased A3 and A4 died, A6 to 9 are brought on record as lrs of the deceased A4 vide court order dated 11/07/2025 made in CMP.Nos.13145,13149 and 13152 of 2021 in S.A.No.997/2010 ..Appellant(s)

Vs

1. THIRU.PONNUSAMY,(died)

S/o.Vellaikan, Chinnaperumalkuppam Village, Hamlet Of Erukkampattu Village, Katpadi Tk., Vellore Dt.

2. The Block Development Officer, Sholinghur.

3. P.Thangavelu S/o.Late.Ponnusamy Chinnaperumalkuppam Village, Hamlet Of Erukkampattu Village, Katpadi Tk. Vellore District.

4. P.Perumal S/o.Late.Ponnusamy Chinnaperumalkuppam Village, Hamlet Of Erukkampattu Village, Katpadi Tk. Vellore District.

5. P.Devendran S/o.Late.Ponnusamy Chinnaperumalkuppam Village, Hamlet Of Erukkampattu Village, Katpadi Tk. Vellore District.

6. P.Mahendran S/O.LATE.PONNUSAMY CHINNAPERUMALKUPPAM VILLAGE, HAMLET OF ERUKKAMPATTU VILLAGE, KATPADI TK. VELLORE DISTRICT.

(R1 died, RR 3 TO 6 are the LEGAL HEIRS OF

1ST RESPONDENT LATE. PONNUSAMY vide court order dated 06/10/2025 made in CMP.No.13154 of 2021 in S.A.No.997 of 2010)

..Respondent(s)

PRAYER : Second Appeal filed under Section 100 of CPC., against the judgment and decree in A.S.No.70 of 2007 dated 30.11.2009 on the file of the learned Subordinate Judge at Ranipet, Vellore, which was confirming the judgment and decree in O.S.No.10 of 2002 dated 29.06.2007 on the file of the learned District Munsif -cum- Judicial Magistrate No.1, Wallajapet.

For Appellant(s): Mr.B.GOPALAKRISHNAN For Respondent(s): Ms.R.REVATHY FOR R2 Ms.V.SRIMATHI FOR R3 TO R5

JUDGMENT

This Second Appeal has been filed against the judgment and decree in A.S.No.70 of 2007 dated 30.11.2009 on the file of the learned Subordinate Judge at Ranipet, Vellore, which has confirmed the judgment and decree in O.S.No.10 of 2002 dated 29.06.2007 on the file of the learned District Munsif -cum- Judicial Magistrate No.1, Wallajapet.

2. Heard Mr.B.Gopalakrishnan, learned counsel for the appellants and Ms.R.Revathy, learned counsel for R2 and Ms.V.Srimathi, learned counsel for R3 to R5 and perused the materials available on record.

3. The defendants 1 to 4 in the suit had filed this Second Appeal. During the pendency of the Appeal, the appellants 3 and 4 and the first respondent died. The legal heirs of the deceased Appellants 3 and 4 have been impleaded as A5 to A9 and the legal heirs of the deceased first respondent has been impleaded as R3 to R6. The suit has been filed by the deceased first respondent against the appellants and the second respondent Block Development Officer, Sholinghur for seeking the relief of declaration and permanent injunction in respect of B schedule pathway. The Trial Court has decreed the suit. The First Appeal preferred by the defendants 1 to 4 also got dismissed by confirming the judgment of the Trial Court