out for common pathway to the mother of the defendant. After demise of Javarammal, the defendant, who is the son of Javarammal, is in possession and enjoyment of the said land. While so, on 30.12.1948, Giriappa Gowder sold 2 acres of land in S.No.A160/B1 with specific boundaries to one Lingae Gowder, who is the father of the plaintiffs and 6 feets of land was let out for pathway up to the land of the vendor. The said pathway let out by the defendant's predecessor in title and the plaintiffs' predecessor in title along with a portion of the land let out by the vendor for pathway, were used by all the neighbouring land owners though it was a private pathway. While so, the defendant has encroached upon the pathway and therefore, notice was issued to the defendant on 31.10.1990 and the suit was filed on 21.11.1990. In spite of the interim injunction granted in I.A.No.883 of 1990 on 22.11.1990, the defendant continued to put up construction encroaching upon the pathway. Therefore, the suit prayer was amended for mandatory injunction for removal of superstructure put up by the defendant. Thus, the suit was filed by the legal heirs of Lingae Gowder for restraining the defendant from encroaching upon the common private pathway and for mandatory injunction to remove the superstructure put up on the encroached land.
