JUDGMENT :

RAJESH RAI K., J.

1. This is plaintiff's second appeal.

2. The plaintiff has filed a suit for permanent prohibitory injunction against defendants, their men and servants from blocking the reserved '12 feet RRR road' towards the southern side of the A schedule property.

3. It is the case of the plaintiff that he is absolute owner in possession and enjoyment of land measuring 5 cents in Sy.No.216/3 situated at Surathkal Village, Mangaluru, (for brevity "the suit 'A' schedule property") and the same was purchased by plaintiff vide Sale Deed dated 01.08.2005 from Prema S Kullal - defendant No.1. Since there was no approach road to ingress and egress to the 'A' schedule property, defendant No.1, the vendor of plaintiff has specifically reserved 12 feet road towards the southern side of the 'A' schedule property which runs east to west which is clearly mentioned in clause No.8 of the said Sale Deed. However, on the eastern and southern side of the 'A' schedule property, the property of defendant No.1 is situated. Therefore, the aforesaid 12 feet width reserved RRR road is not only grant of way but also an easement of necessity and the plaintiff and his family members are using the