SURESH NILKANT RANE Vs. PREMA

JUDGEMENT

(1.) Defendant No. 1 of an original suit bearing O.S. No. 110/1993 which was pending on the file of the Court of Civil Judge (Jr.Dn.), Karwar, is before this Court by filing an appeal under Section 100 CPC.

(2.) Smt. Prema, Smt. Kasture, Smt. Sharada, were the plaintiffs in the said suit. The said Smt. Prema is no more and is represented by respondent No. 1(a) to 1(c) herein. Similarly, plaintiff No. 2 Kasture is also no more and is represented by respondent Nos. 2(a) to No. 2(c) herein. Third plaintiff Sharada is respondent No. 3 herein. Suit filed for the relief of declaration seeking the right of way and consequential relief of permanent injunction has been decreed as prayed for, vide considered judgment dated 29.06.2002. Appeal filed under Section 96 CPC in R.A. No. 28/2007 before the Court of Addl. Civil Judge (Sr. Dn.), Karwar, is also dismissed. Hence the concurrent findings are called in question before this Court.

(3.) Perused the judgments of the trial Court as well as the First Appellate Court. Suit had been filed for the relief of declaration to the effect that plaintiffs have got right of way in respect of a space measuring 5 ft. in width and for consequential relief of permanent injunction against the deceased defendant Neelkanth.