CAV ORDER

(PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ)

1. The Petitioner, who is Defendant No.4 in O.S.No.93/2023, is before this Court seeking for the following reliefs:

I) Issue writ of certiorari to set aside the order dated 03/12/2024 passed by the Prl. Senior Civil Judge and CJM, Gadag in M.A. No.11/2023 produced as Annexure-G whereby the order dated 21/04/2023 passed on I.A.No.5/2023 in O.S.No.93/2023 by the Principle Civil Judge and JMFC, Gadag is confirmed, consequently allow the MA No.11/2023 and dismiss the I.A.No.5/2023.

2. 39 persons had filed a suit in O.S.No.93/2023 seeking for the following reliefs:

1. It may be declared that the Plaintiffs and have right to approach their respective business premises consisted in suit properties Sl.No.1-10 by 'RIGHT TO WAY' as easement of necessity to by passing along the Azad Road over the Raja Kaluve; and

2. The construction carr