A.SUNNY KUNNATH Vs. B.N.NITESH PURUSHOTHAMA

JUDGEMENT

(1.) This appeal is filed challenging the order dtd. 16/6/2015 passed by the court below dismissing the application filed by the appellants herein under order xxxix rules 1 and 2 cpc in o.s.no.7363/2014.

(2.) Appellants are the plaintiffs in the suit. They have filed the suit seeking the relief of declaration to declare that Schedule B property is a road and plaintiffs and other general public have got a right to use the said road to reach their properties situated on either side of the road. They have also sought for the relief of permanent injunction against defendants 1 to 6 to restrain them from closing the Schedule B property or in any way obstructing the usage of the same by the plaintiffs.

(3.) Plaintiffs claim to be in possession of Sy. No.15/3 measuring 1 acre 11 guntas situated at Hoodi village, K.R.Pura Hobli, Bengaluru East Taluk. According to them, they have been put in possession of this property pursuant to an agreement of sale dtd. 27/3/1980 entered into by the father of defendants 7 to 12. It is the case of the plaintiffs that there is a road to reach the property in Sy. No.15/3 which runs through in Sy. Nos.186, 185, 184 and 183 and the said road runs North to South in a curvature manner. It is urged that the road commences on the northern edge of Sy. No.186 and passed through Sy. Nos.185, 184 and 183. It has the width of 24 feet and measures around 2000 feet in length; the same has been used for the past 32 years. It is also urged that the authorities of Power Corporation had drawn high tension wire running from North to South direction throughout the road and plaintiffs and other owners of the properties on either side of the road were using the said road to have access to their properties to enjoy the same.