SAROJAMMA Vs. CHINNAMMA

JUDGEMENT

(1.) THIS first appeal by the plaintiffs is directed against the judgment and decree dated 21.8.2010 passed by the trial court, namely the Court of the XXIV Additional City Civil Judge (CCH -6) Bangalore City, in the suit in O.S.No.3424/2003. By the impugned judgment, the trial court has dismissed the suit.

(2.) AS could be seen from the judgment, the suit was filed by the appellants -plaintiffs for declaration that they have common right of enjoyment of plaint 'B' schedule (31/2 feet X 84 feet) passage in terms of the registered release deed dated 1.3.1954 and that they have right to free flow of air and light on the southern side and eastern side of the ground floor and first floor of their property and to direct the defendants to remove the bifurcating wall erected by them and in the event they fail to remove the same, permit the plaintiffs to remove the same and to recover the said costs and to direct the defendants to remove the unauthorized construction put up by them on the western side of their property and towards eastern side of the plaintiffs' property blocking the air and light on the eastern side of the plaintiffs' property in the ground floor and to grant permanent injunction restraining the defendants from interfering or obstructing the right of plaintiffs' enjoyment in respect of 'B' schedule passage and for costs.

(3.) I have heard learned counsel appearing for the parties and perused the impugned judgment. On the pleadings of the parties, the trial court had framed the following issues for consideration: