SHAMBHAVI Vs. DIOCESE OF MANGALORE

JUDGEMENT

(1.) This is defendant's second appeal.

(2.) The plaintiff has filed the suit for declaration that the plaintiff has got right of 12 feet wide road way to reach the suit schedule property from main road through the property of the defendant comprised in Sy.No.98/18 shown as 'RRR' in the annexed plaint plan in red colour by way of easement (for brevity, "RRR road") and also for consequential relief of permanent prohibitory injunction restraining the defendant from in any way blocking or constructing or interfering with or reducing the width or in any way obstructing the user of said road to reach the suit schedule property from the public road.

(3.) According to the plaintiff, she is the absolute owner in possession of the suit schedule property. She purchased the same vide Sale Deed dtd. 4/11/1938. The schedule property contains a school building which was constructed by the vendor's of the plaintiff. After purchase, she continued to run the school. The said school is known as 'St.Joseph's Higher Primary School having classes from I to VII standard. The suit schedule property is situated at about 150 feet away from the main public road. The said public road is running from south to north direction and in between the schedule property and the public road, there is defendant's property. To reach the schedule property from the main road, there is RRR road way at the southern edge of the defendant's property. Apart from the plaintiff, all the students, staff members and the visitors of the school have been using the RRR road without any interruption since time immemorial.