JUDGMENT :

V Srishananda, J.

Heard Sri K.Bhaskar, learned counsel for the appellant. None appears for the respondents.

2. Parties are referred to as plaintiff and defendants as per their original ranking before the Trial Court, for the sake of convenience.

3. Unsuccessful plaintiff in O.S.No.4636/2002 is the appellant challenging the dismissal of the said suit by the judgment and decree dated 06.03.2008 on the file of the IX Additional City Civil and Sessions Judge, Bengaluru.

4. Facts in the nutshell which are utmost necessary for disposal of the present appeal are as under:

Plaintiff filed the abovementioned suit contending that his father had purchased the agricultural land measuring 2.16 acres in land bearing Sy.No.9/1 of T.Dasarahalli Village under registered sale deed dated 08.11.1954. Its northern boundary is a Government oni. Father of the plaintiff and father of the defendants formed unauthorised residential layout in their land and sold those sites.

5. In the year 1995, T.Dasarahalli Grama Panchayath became City Municipal Council and thereafter regular roads were laid in the village. Despite laying of such roads, the government oni or the pathway continued to be in existence and