JUDGMENT :

K.S. Mudagal, J.

This regular second appeal of plaintiff arises out of common judgment and decree dated 07.11.2014 passed by the Senior Civil Judge & CJM, Madikeri in R.A.No.74/2012 and R.A.No.73/2012. By the impugned judgment and decree, the First Appellate Court dismissed the appeals of plaintiff and confirmed the judgment and decree dated 27.08.2012 passed by the Additional Civil Judge, Madikeri in O.S.No.62/2008.

2. By the said judgment and decree, the trial Court had dismissed the suit of the plaintiff-appellant for permanent injunction and decreed the counter claim of defendants declaring that defendants have right of easement of necessity and easement of prescription over suit schedule pathway and granted injunction against plaintiff from obstructing peaceful usage of the said pathway.

3. Appellant was plaintiff and respondents were defendants before the trial Court. For the purpose of convenience, parties will be henceforth referred to with their ranks before the trial Court.

4. Subject matter of the suit in O.S.No.62/2008 was land bearing Survey No.42/1 which in all measured 6.25 acres situated within the limits of Avandoor village, Bagamandala Taluk, Madikeri Taluk.