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H. P. SANDESH
Eshwarappa – Appellant
Versus
H. K. Shivabasappa – Respondent


Advocates:
Counsel for the Parties:
For the Appellants:Sri Anil Kumar S., Advocate
For the Respondents:Sri P. Mahesha, Advocate for R1 to R3

JUDGMENT

This appeal is filed challenging the judgment and decree dated 17.07.2017 passed in RA No.54/2017 on the file of Senior Civil Judge and JMFC, at Gundlupet.

2. Heard the learned counsel appearing for the respective parties.

3. The factual matrix of the case of the appellants/plaintiffs before the Trial Court while seeking the relief of declaration and permanent injunction that the cart road existed in Sy.No.18, 19, 25, 26, 27, 28, 29 and 260 of Hasaguli village and Sy.No.77 of Garagnahally village measuring east-west 12 feet and north-south 900 meter situated within the boundaries as per the plaint schedule is herein after called as cart road. The above survey numbers were originally belongs to one family. About 50 years back, the Karimallappa, Kadabasappa, Nagamma and others have purchased some portion of the property and they are in possession of the properties. The Sy.No.77 belongs to the defendants.Sy.No.19/3, 260/2 belongs to the defendant No.3. The Sy.No.24 and 25 some portion belongs to the defendants No.3 and 4. The Sy.No.29 and Sy.No.30/1 properties belongs to plaintiffs and his brothers. The above said properties are situated towards border of Hasaguli and Garagan

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