EDIRE ASHOK Vs. KASHAMONI PEDDA RAMULU

JUDGEMENT

(1.) The petitioners/plaintiffs filed the present revision petition seeking to set aside the order dtd. 29/4/2021 made in I.A.No.318 of 2020 (I.A.No.550 of 2019) in O.S.No.173 of 2019 on the file of the I Additional Junior Civil Judge, Shadnagar.

(2.) The plaintiffs filed O.S.No.173 of 2019 under Sec. 26, read with Order VII, Rules 1 and 2 of the Civil Procedure Code (for short 'CPC') seeking relief of declaration and perpetual injunction.

(3.) The brief facts of the case are that according to plaintiffs they have right of way through the lands of respondents and other consequential reliefs by easement of necessity acquired by way of prescription for the purpose of carrying agricultural operations in their lands. Per contra, on behalf of respondents, a counter affidavit was filed stating that there is no way through their lands to reach the lands of plaintiffs and that there is other way to reach the lands owned by plaintiffs.