RAGHAVENDRA ENTERPRISES Vs. M RAJU NAIDU

JUDGEMENT

(1.) THE present appeal filed under Section 100, C.P.C. is directed against the divergent judgment passed by the II Additional Civil Judge (Senior Divn.), Mysore, in R.A.171/99. The appellant herein is the 2nd defendant of a case in O.S.1643/90 which was pending on the file of II Additional Civil Judge, Mysore.

(2.) RESPONDENTS 1 and 2 herein were the plaintiffs in the said suit. Respondent no.3 herein was the 1st defendant in the said suit. Parties will be referred to as plaintiffs and defendants as per their ranking before the trial court.

(3.) SUIT came to be filed for the relief of declaration to the effect that the plaintiffs have easementary right of way over the suit passage indicated in the letters MNOP in the plaint sketch to reach the house of the plaintiffs from the main road, i.e. Kantaraje Urs Road, Chamaraj Mohalla, Mysore, and for the consequential relief of permanent injunction to restrain the defendants or their agents or servants from interfering with the easementary right over MNOP measuring 10' east -west and 110' north -south abutting the premises of defendants 1 and 2 and that of the house of one lady by name Smt.Asha Ramachandran.