JUDGMENT

V. N. Khare, J.-In this group of appeals, the question that falls for our consideration is "whether small portion or portions falling within the limits of towns or villages on a notified route under Chapter IVA of Motor Vehicles Act, 1939, since repealed (hereinafter referred to as the Repealed Act ), are to be treated as a route overlapping or intersection"?

2. Learned counsel for the parties have addressed arguments only in Civil Appeal No. 1341/90 which substantially arises out of the judgment of the Full Bench of Karnataka High Court rendered in Writ Appeal No. 403/1988. Learned counsel for the parties jointly prayed to examine the correctness of the aforesaid judgment of the Full Bench and the decision in Civil Appeal No.1341/1990 would govern the fate of other cases. We accordingly notice the facts which have given rise to Civil Appeal No.1341/1990.

3. As far back in the year 1966, the then Mysore State Transport Undertaking (hereinafter referred to as the Undertaking) framed a scheme under Section 68-C of the Repealed Act known as Kolar Pocket Scheme (in short the Scheme ), for exclusive plying of the vehicle by the Undertaking on the routes falling within the Sche