The respondent herein filed O.S.No.36 of 1999 in the Court of the Junior Civil Judge, Siricilla against the appellant, for the relief of perpetual injunction as regards the use of a passage, marked in the sketch, appended to the plaint. He pleaded that the passage in question is the only access for him to reach the Gram Panchayat road, for the last several decades. Apart from the right on account of the prolonged usage, he also claimed right to the extent of one-fourth share vis--vis the passage on account of purchase of an item of property from one Smt.Lakkireddi Rajavva, a close relation of the appellant. He complained that the appellant is obstructing the use of passage without any basis. The appellant filed a written statement denying the claim of the respondent. He pleaded that the respondent had an independent access and he does not have any right what-so-ever to use the passage in question. Objection was also raised as to the maintainability of the suit in the absence of any relief for declaration.

2. Through its judgment, dated 03.06.2006, the trial Court dismissed the suit. The respondent filed A.S.No.4 of 2006 in the Court of the