JUDGMENT - G.D. KAMAT, J.:—Petitioners are the owners in possession of a property bearing Survey No. 173/2 situate in the village of Parra. It is common ground that it is an open plot of land except for a small structure thereon in which the business of grocery and bar is being run. A well is also situated in this property. It appears that on 20th January, 1986, the petitioners brought about the construction of compound walls and when the said work was in progress the original plaintiffs, now respondents No. 1 to 5, apprehended that their way would be blocked from the public road Parra-Anjuna. Respondents No. 1 to 5, for short plaintiffs, instituted Regular Civil Suit No. 26 of 1986 praying for a declaration that they are entitled to use a strip of land of three metres in breadth as indicated in the plan annexed thereto or, in the alternative, for a declaration that they have acquired right to use the said way by prescription. A mandatory injunction was also sought restraining the petitioners from obstructing in any manner the use of the said way or making any construction or erecting any obstruction. At the same time a further declaration was sought that the first respondent has

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