SIDDANNA GOWDA Vs. VISHWANATH

JUDGEMENT

(1.) THE appellants herein are plaintiffs' in O.S. No. 128/1997. They had filed a suit for declaration of their easementary rights on suit schedule pathway shown as 'ABC They were successful before the trial court. The defendants were before the I -appellate court.

(2.) THE learned judge of the I -appellate court on reappreciation of evidence has held that plaintiffs cannot claim easementary right on ABC pathway. There are no pleadings to justify the contention of plaintiffs that they had enjoyed easementary rights for a period of 20 years before the date of institution of suit.

(3.) I have heard learned counsel for appellants.