M V PANCHAKSHARAIAH Vs. KUDRI SAVANTHAVVA

JUDGEMENT

(1.) Present appeal is by the plaintiff being aggrieved by the judgment and order dtd. 16/8/2007 passed in R.A.No.22/2006 on the file of the Principal Civil Judge (Sr.Dn.) and JMFC, Hospete (hereinafter referred to as 'the First Appellate Court'), in and by which the First Appellate Court while allowing the appeal filed by the defendants set aside the judgment and decree dtd. 17/1/2006 passed by the Civil Judge (Jr.Dn.), H.B.Halli in O.S.No.73/2004.

(2.) The aforesaid suit in O.S.No.73/2004 was filed by the plaintiff for relief of declaration of his right over the property delineated as 'ABCD' road and for mandatory injunction, directing the defendants to remove basement wall constructed on the property delineated as 'EFGH', on the premise, that he is the absolute owner in peaceful possession and enjoyment of the land bearing Sy.No.660/AE1 which is described as 'A' schedule property in the plaint. That towards Southern side of the said property, plots have been formed and there is road on the Eastern side commencing from Halagapur road. That the plaintiff required to reach his land from Southern to Northern side after crossing the said Halagapur road. That in between the plots Nos.40, 26, 54 and 39, there exists a 60 feet road through which the plaintiff has to reach to his property. Except the said road, there is no other alternative access to reach his property.

(3.) That the defendants are the mother and daughter, who are living in a joint family and have no right or interest over the said road, except between the aforesaid plots. That the defendants have constructed a house, portion of which is on the said road. That the construction made by the defendants is illegal and obstructing access of the plaintiff. Hence, the suit.