VINAYAKA PUBLIC SCHOOLKAR Vs. REDDAPPA

JUDGEMENT

(1.) The plaintiffs who are unsuccessful before the Appellate Court filed the present Writ Petition to quash the order dated 21.11.2017 made in M.A.No.21/2017 on the file of Senior Civil Judge & JMFC, Anekal (Annexure-A).

(2.) The present petitioners who are the plaintiffs in O.S.No.325/2016 filed for declaration to declare that the plaintiffs have a right of easement of necessity to use the road formed in Sy.No.85/1B belonging to the defendants in which the Town Municipality has also put a concrete road to reach the schedule land belonging to the plaintiff No.2, where the plaintiff No.1 is running a school and for permanent injunction restraining the defendants, anybody claiming under them, from blocking the access road so as to reach the land measuring 25 guntas in Sy.No.25/1A, belonging to the 2nd plaintiff wherein the 1st plaintiff has established school in the name of Vinayaka Public School contending that, the plaintiff No.2 is the absolute owner of the land bearing Sy.No.85/1A measuring 25 guntas situated at Hebbagudi Village, Athibele Hobli, Bommasandra Post, Anekal Taluk, Bengaluru and the same given by the plaintiff No.2 to the plaintiff No.1 under registered lease agreement dated 25.02016 to run the school by the plaintiff No.1.

(3.) It is further contended that there was a partition within the family of late Krishna Reddy, husband of plaintiff No.2 under a registered partition deed dated 26.6.1967. Under the said partition, 1st defendant herein was allotted 33 guntas in Sy.No.85 and the remaining land was with the possession of the other family members and husband of 2nd plaintiff was a minor at the time of partition. Hence, out of the total land measuring 1 acre 18 guntas in Sy.No.85, an extent measuring 33 guntas was allotted to the share of Reddappa i.e., the 1st defendant. It is relevant to mention that in so far as remaining extent of land measuring 25 guntas was concerned, there was no approach road available to reach the said land, except approach road which was passing through the road left by the 1st defendant herein in a portion of land measuring 33 guntas allotted to him under the partition. The road was falling within Sy.No.33 which was used by everybody to reach the land measuring 25 guntas retained by the other family members in the partition. Thereafter, the remaining land measuring 25 guntas was retained by late Sri.Krishna Reddy, the husband of plaintiff No.2.