This appeal filed under Section 100, C.P.C. is directed against the divergent judgment passed in a regular appeal in RA-138/99 which was pending on the file of Senior Civil Judge at Mangaluru, Dakshina Kannada District.

2. The appellant herein is the sole plaintiff of an original suit in O.S. 276/94. Respondents herein are the defendants in the said suit. Parties will be referred to as plaintiff and defendants 1 to 4 as per their ranking before the trial court. Defendants 2 to 4 are the sons of the 1st defendant.

3. A suit had been filed for the reliefs of declaration that the plaintiff has absolute title to the right of easement marked in letters ’RRR’ by way of prescription and for the consequential relief of permanent prohibitory injunction against the defendants or their men claiming through them. The said suit came to decreed as prayed for against which an appeal was filed under Section 96, C.P.C. Later, the appeal was allowed and the matter was remitted to the trial court to frame few more issues and to examine the commissioner. After remand, the suit was again decreed as against which an appeal came to be filed in terms of Section 96, C.P.C.. The said appeal is allow