DURYODHAN PARASU KAMBLE Vs. PADMAVATHI GULABRAO DESAI

JUDGEMENT

(1.) The present appeal is filed by the defendants aggrieved by the judgment and decree dtd. 25/2/2009 passed in O.S.No.256/2005 by the Additional Civil Judge (Jr.Dn.), Raibag (hereinafter referred to as "the Trial Court" for short) and against the judgment and decree dtd. 25/9/2014 passed in R.A.No.07/2009 by the Court of Senior Civil Judge & JMFC, Raibag (hereinafter referred to as "the First Appellate Court" for short) in and by which the First Appellate Court dismissed the appeal and confirmed the judgment and decree of the Trial Court.

(2.) Brief facts of the case are as under:

(3.) Defendant No.1 appeared and filed written statement which was adopted by defendant Nos.2 to 8. Defendant Nos.9 & 10 were placed ex parte. While denying the plaint averments, defendants admit that the plaintiff is the owner of land bearing R.S.No.735/1A. It is the specific case of the defendants that, defendant Nos.1 to 3 purchased the property referred to above in terms of deeds of sale dtd. 24/4/1989 and 16/5/1994 respectively from one Smt.Kamalakka Narayan Desai. The said vendor of the defendants sold 8 feet wide road to the defendants and it is a private road purchased by the defendants. The plaintiff misunderstanding the facts filed the suit. It is further contended that defendant Nos.4 to 6 purchased their portion of the property in terms of deed of sale dtd. 16/5/1994 from said Smt.Kamalakka Narayan Desai along with 12 feet wide road shown in the said deed of sale for their exclusive utilization and the plaintiff has no right over the suit road. That the plaintiff has an alternative road as shown in the survey map hence sought for dismissal of the suit.