G. RANGAPPA Vs. K.T. THIMMAPPA

JUDGEMENT

(1.) These two appeals have been preferred by Sri G Rangappa, who is fifth defendant in O.S.No.128/1993 and plaintiff in O.S.No.178/1993, questioning the correctness and legality of judgment and decree passed in R.A.No.79/2002 and R.A.No.80/2002 respectively whereunder the appeals filed by fifth defendant/plaintiff came to be dismissed by judgment and decree dated 17.01.2014 confirming the common judgment and decree passed by the Principal Civil Judge (Jr.Dn) and JMFC, Pavagada who had decreed the suit O.S.No.128/1993 filed by the plaintiffs, declaring that plaintiffs have right of way through land bearing Sy.No.114/2 by easement of necessity for the purposes of carrying on agricultural operations in their land bearing Sy.No.97/2 and consequently granting permanent injunction restraining the defendants in the said suit from causing obstruction to the plaintiffs over the right of way of plaintiffs and dismissing the suit O.S.No.178/1993 filed by fifth defendant (in O.S.No.128/1993) whereunder plaintiffs (defendants-4 and 5 in O.S.No.128/1993) had claimed the relief of declaration to declare that plaintiffs are the owners of 'XY' cart track and to declare that defendants (plaintiffs in O.S.No.128/1993) have no right of cart way or any type of easementary right to pass through Sy.No.114/2 to reach their land Sy.No.97/2.

(2.) This Court by order dated 21.07.2014 had admitted the appeals to consider the substantial questions of law formulated thereunder and it reads as under:

(3.) Learned advocates at the time of commencement of the arguments submitted that substantial questions of law formulated in RSA 686/2014 requires to be recasted and as such after hearing the arguments of learned advocates on substantial question of law, this Court by order dated 24.08.2015 formulated following substantial question of law in substitution to what had been formulated on 21.07.2014. It reads as under: