JUDGMENT/ORDER

1. Present appeal is by the plaintiff being aggrieved by the judgment and order dtd. 16/8/2007 passed in R.A.No.22/2006 on the file of the Principal Civil Judge (Sr.Dn.) and JMFC, Hospete (hereinafter referred to as 'the First Appellate Court'), in and by which the First Appellate Court while allowing the appeal filed by the defendants set aside the judgment and decree dtd. 17/1/2006 passed by the Civil Judge (Jr.Dn.), H.B.Halli in O.S.No.73/2004.

2. The aforesaid suit in O.S.No.73/2004 was filed by the plaintiff for relief of declaration of his right over the property delineated as 'ABCD' road and for mandatory injunction, directing the defendants to remove basement wall constructed on the property delineated as 'EFGH', on the premise, that he is the absolute owner in peaceful possession and enjoyment of the land bearing Sy.No.660/AE1 which is described as 'A' schedule property in the plaint. That towards Southern side of the said property, plots have been formed and there is road on the Eastern side commencing from Halagapur road. That the plaintiff required to reach his land from Southern to Northern side after crossing the said Halagapur road. That in between the