RUDRAGOUDA BASAVANAGOUDA Vs. FAKIRAPPA ADIVEPPA

JUDGEMENT

(1.) This appeal by original defendant-2 is directed against the judgment and decree dated 13-6-1974 passed by the learned Civil Judge, Dharwad, in R.A. No. 170/70 on his file dismissing the appeal and confirming the judgment and decree passed by the Principal Munsiff, Dharwad on 23-10-1970 in O. S. No. 153/68 on his file decreeing the suit of the plaintiffs as prayed for.

(2.) Plaintiffs 1 to 8 are the permanent residents of Shivalli village in Dharwad District having their houses in Chikmath lane of Shivalli village. The original defendant is the father of the second defendant. They are members of a joint family.

(3.) According to plaintiffs, 'A' and 'B' properties shown in the plaint sketch are open sites. The suit way shown as 'CD' is the connecting link to the main road for the plaintiffs and the members of their family and the persons residing in that area. Since the defendants started obstructing the way they instituted the suit for declaration that they have the right of way by custom as also by prescription and as an easement of necessity. The suit was resisted by the defendants. According to them, the plaintiffs had no such right. The suit was not maintainable. The trial Court framed the following issues as arising from the pleadings.