H. P. SANDESH
Hariram Shenoy, S/o. Late G. D. Shenoy – Appellant
Versus
P. Kamala Padiyar, D/o. Maroor Venkataramana Pai, Represented By GPA Holder Mr. M. Manjunath Pai, S/o. Late M. V. Pai – Respondent
JUDGMENT :
Though this matter is listed for admission today, with the consent of both the learned counsel it is taken up for final disposal.
2. Heard the learned counsel appearing for the appellants/defendants and the learned counsel appearing for respondent No.1(1)/plaintiff.
3. This appeal is filed challenging the judgment and decree dated 16.04.2019 passed in R.A.No.126/2012 on the file of the I Additional Senior Civil Judge, Mangaluru, D.K.
4. The factual matrix of the case of the plaintiff before the Trial Court is that her vendors had granted the easement right to draw water from the well and also a right to approach road in order to take the water from the well and exclusive possession and enjoyment of ‘A’ schedule property of the plaint and the defendants are causing interference in respect of availing the water from the well and also causing obstructions to the pathway. Immediately within three days of filing the suit, the defendants highhandedly and illegally constructed a compound wall blocking the pathway leading to the well and there is an obstruction to get the benefit as mentioned in the Sale Deeds. Hence, sought for the relief of mandatory injunction to remove the obst
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