KHAJA HUSSAIN Vs. SHANTAWWA

JUDGEMENT

(1.) PLAINTIFFS are before this Court as they are aggrieved by the concurrent findings of O.S. No. 17/2003 and R.A. No. 27/2007. Respondents herein were the defendants in the said suit. Parties will be referred to as plaintiffs and defendants as their rankings given in the trial Court.

(2.) PLAINTIFFS had filed a suit for the relief of mandatory injunction in respect of a road measuring 10 ft. in width leading from Salarjund road towards Kumbar Street in Koppal. According to the plaintiffs, the suit property is a public road, which has a width of 10 feet. It leads from Salarjund road to Kumbar Street and by the side of the same, the houses of the plaintiffs are stated to be situated. According to the plaintiffs, they have been using the suit road from the times immoral as ingress and egress along with other people of the locality. At the southern side of the suit road, there was an open space belonging to a society bearing M.B. No. 551/4. Defendant No. 1 was a poor lady and did not have any shelter and at her request, plaintiffs permitted her to put a temporary shed on the suit road for a period of one year. In the year 2000 and thereafter, they started to use the open space of the society to reach their houses. In view of the society undertaking the construction of building in their space, plaintiffs have been prevented from using this open space as an access to their houses. Therefore, they had asked the first defendant to remove the temporary shed put up by her on the road.

(3.) PLAINTIFF No. 1 Khaja Hussain and Mohammed Afzal Hussain have been examined as PWs -1 and 2. Shantawwa and Siddaramappa have been examined as DWs -1 and 2. Four exhibits have been got marked on behalf of the plaintiffs and 9 exhibits have been got marked on behalf of the defendants. Commissioner is examined, as CW -1 and 4 exhibits have been got marked on behalf of the Commissioner. Ultimately suit is dismissed after contest, vide judgment, dated 06.09.2007. Appeal filed under Section 96 of C.P.C. in R.A. No. 27/2007 before the Court of Civil Judge (Sr. Dn), Koppal has also been dismissed. These concurrent findings which are called in question on various grounds as set out in the appeal memo.