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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
M.G.S. Kamal
Ningappa S/O. Basappa Barki – Appellant
Versus
Yashavantappa, S/O. Melappa Tuvar @ Goddanavar – Respondent
| Table of Content |
|---|
| 1. plaintiff's claim of easementary right. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. defendants deny existence of 'suit way'. (Para 7 , 8) |
| 3. trial and appellate court issues. (Para 9 , 10 , 11) |
| 4. plaintiff's arguments on evidence ignored. (Para 12 , 13 , 14) |
| 5. failure to prove existence of 'suit way'. (Para 18 , 21) |
| 6. ruling on alternate way existence. (Para 22 , 23) |
| 7. appeal dismissed for lack of substantial question. (Para 24) |
ORDER :
M.G.S. Kamal, J.
This appeal is by the plaintiff aggrieved by the judgment and decree dated 01.08.2015 passed in OS No.432/2011 on the file of Principal Civil Judge and I Additional JMFC Court, Ranebennur (for short ‘Trial Court’) which is confirmed by the judgment and order dated 12.01.2018 passed in RA No.88/2015 on the file of II Additional Senior Civil Judge, Ranebennur (for short ‘First Appellate Court’) by which suit of the plaintiff has been dismissed.
2. The above suit in OS No.432/2011 has been filed by the plaintiff seeking declaration of his easementary right over the ‘suit way’ having width of 10 ft., and length of 200 mtrs., which is described in hand sketch annexed to the plaint as ‘GHEF’; and for consequential relief of permanent inj
Plaintiff failed to establish the existence of an easementary right over the claimed suit way, leading to dismissal of the suit.
Easement by prescription requires proof of continuous use for the statutory period; mere permissive use does not establish a right.
Prescriptive easement requires proof of uninterrupted use for 20 years; unclear evidence can lead to dismissal of claims.
The right of easement by prescription requires proof of continuous use, which was established in this case despite the appellant's objections.
The prescriptive right to an easement requires uninterrupted, open user of the pathway, not existing under consent, corroborated by the surrounding facts and circumstances.
Establishment of easement rights requires explicit documentation, and mere permissive rights do not confer legal easements; plaintiffs failed to prove their claim.
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