D KYADIGEPPA Vs. SANGOJI BASAPPA

JUDGEMENT

(1.) RESPONDENT in both these appeals is one and the same, though the appellants are different.

(2.) RSA 5117/2009 has arisen out of the judgment and decree passed in O.S.No.146/2004, which was pending on the file of the Court of Civil Judge (Jr.Dn. ), Hospet. Judgement and Decree passed on 11.07.2006 in O.S.No.146/2004 dismissing the suit filed for the relief of easementary right has been affirmed in R.A.No.78/2006. Connected RSA No.5394/2009 has arisen out of the dismissal of O.S.No.252/2006 by the Principal Civil Judge (Jr.Dn. ), Hospet and aff irmation of the same in R.A.No.64/2008.

(3.) THE case of the plaintiff in O.S.No.146/2004 filed by Smt. Vasanthamma is that, she has a house abutting the schedule space and she has easementary right over 'B' schedule property. Since the defendant tried to interfere with her easementary right, she has to file a suit. According to her, D. A. Veerappachar, her father gifted plaint 'A' schedule property in her favour vide a registered sale deed dated 21.05.2001 and that space measuring 8' width as indicated in letters ABCD in the rough sketch is the only space to reach her house. According to her, the open space still stands in the name of Dandi Lakshmaiah and there are nobody to claim the said open space. Herself and her predecessors had been using this open space as an access for more than 30 years and thus she is stated to have acquired the right of easement.