Though

this

matter

is

listed

for

admission

today, with the consent of both the learned counsel it is taken up

for final disposal.

3

Heard the learned counsel appearing for the

appellants/defendants and the learned counsel appearing for

respondent No.1(1)/plaintiff.

3.

This appeal is filed challenging the judgment and

decree dated 16.04.2019 passed in R.A.No.126/2012 on the file

of the I Additional Senior Civil Judge, Mangaluru, D.K.

4.

The factual matrix of the case of the plaintiff before

the Trial Court is that her vendors had granted the easement

right to draw water from the well and also a right to approach

road in order to take the water from the well and exclusive

possession and enjoyment of ‘A’ schedule property of the plaint

and the defendants are causing interference in respect of

availing the water from the well and also causing obstructions to

the pathway. Immediately within three days of filing the suit, the

defendants highhandedly and illegally constructed a compound

wall blocking the pathway leading to the well and there is an

obstruction to get the benefit as mentioned in the Sale Deeds.

Hence, sought for the relief of mandatory injunction to