KALLATHI VEERASHADRESHWARA SWAMY REP. BY ITS CONVENERS (K. RUDRAPPA S/O KALLATHAPPA AND OTHERS) Vs. H.B. HONNAPPA (SINCE DECEASED BY LRS. SHIVAMMA W/O LATE H.B. HONNAPPA AND OTHERS)

JUDGEMENT

(1.) THIS second appeal is directed against the concurrent judgments of the courts below decreeing the suit of the respondent -plaintiff for relief of declaration, mandatory and permanent injunction.

(2.) THE appellants were defendants in the Trial Court. The respondents herein are the L.Rs. of original plaintiff.

(3.) THE case of the plaintiff in brief is that he is the owner in possession, of "A" schedule property and to reach his house in "A" schedule property there is a path way running from Thimmpura - Aladahalli road described in "B" schedule which forms part of property of the first defendant - temple and that he has been using this path way for more than 30 years. However, the conveners of the first defendant temple being highly powerful started medaling with the said path way and during August 1995 the defendants erected a barbed wire fencing all around the path way so as to prevent the plaintiff from entering his property. Therefore, it became necessary for him to file the suit for declaration of his right over the path way and also for mandatory injunction for removal of the obstruction and for permanent injunction.