RAME GOWDA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THIS writ petition is at the instance of the defendants in O. S. 198/98 on the file of the Court of the II Munsiff, Mysore Respondents 4 and 5 are the plaintiffs in that suit and the said suit is brought for declaration that plaintiffs are entitled for a right of easement by way of a pathway over the lands of the defendants for a declaration and consequential restraint order not to interfere with the plaintiffs when the pathway is used.

(2.) IN the said suit, an interim application had been filed seeking for an order of temporary injunction under Order 39, Rules 1 and 2 CPC. The application was opposed and the trial Court dismissed the application. The matter was carried by way of appeal by the plaintiffs in M. A. 8/99 to the Court of the II Additional Civil Judge, Senior Division, Mysore. Ultimately, by a judgment dated 18-12-1999, the appeal and the application under Order 39, Rules 1 and 2 were allowed and the respondent-defendants were directed by the Court to allow the plaintiff-appellants to make use of the pathway in the manner indicated in the order. The operative portion of the order reads as under :-

(3.) IT is the case of the petitioners that subsequent to this order, the respondents 4 and 5 have started interfering in their land all over the place and in fact have indulged in acts resulting in destruction of the standing crops in the land and it is the contention of the learned Counsel Sri. Kumar appearing for the petitioner that such acts on the part of the respondents 1 and 5 is in contravention of the judgment and order contained in M. A. 8/99 passed by the Court of II Additional Civil Judge, Mysore.