G.N. GOVINDA SETTY Vs. DHOBIRAMAIAH AND ORS.

JUDGEMENT

(1.) THIS is defendant's second appeal calling in question judgment and decree passed by the Additional District Judge (FTC -IV), Kolar in R.A. No. 394/2005 dated 27.03.2008 dismissing the appeal filed by defendant and confirming the judgment and decree passed by Civil Judge (Jr.Dn.) & JMFC, Srinivasapura, dated 19.10.2005 passed in O.S. No. 68/2000, whereunder suit filed by the plaintiff for declaration of his right to enjoy suit schedule property, which is a two (2) feet passage and for carrying out repairs to his walls, whitewash them and with a right of easementary and also for perpetual injunction to restrain defendant from putting up any construction over the same, had been decreed in part.

(2.) RECORDS of Courts below have been secured and as such, by consent of learned Advocates, appeal is taken up for final disposal at the stage of Admission itself. Parties are referred to as per rank in the Trial Court i.e., in O.S. No. 68/2000.

(3.) DEFENDANT on service of suit summons, appeared, filed written statement, denied averments made in the plaint. It was contended that said passage belongs to him and he is the absolute owner of said property. The claim of plaintiffs and he has a easementary right over the suit property, came to be denied. On the basis of pleadings of parties, trial Court framed following issues for its adjudication: