AND

DECREE

DATED

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21.08.2008 PASSED BY THE PRINCIPAL CIVIL JUDGE

(SR.DN.), BIJAPUR IN R.A.NO.29/2007 AND CONFIRM THE

JUDGMENT AND DECREE DATED 02.01.2007 PASSED BY

THE PRINCIPAL CIVIL JUDGE (JR.DN.), BIJAPUR IN

O.S.NO.592/1999.

THIS APPEAL COMING ON FOR FINAL HEARING THIS

DAY, THE COURT DELIVERED THE FOLLOWING:

JUDGMENT

This appeal is filed challenging the judgment and

decree dated 21.08.2008, passed in R.A.No.29/2007

by the Principal Civil Judge (Sr.Dn.), Bijapur.

2.

For the sake of convenience, parties are

referred to as per their ranking before the Trial Court.

Appellant is the defendant and respondent is the

plaintiff before the Trial Court.

3.

Facts giving rise to the filing of the appeal

briefly stated are as under:

Plaintiff filed a suit for declaration that she has

perfected the right of prescriptive easement right over

the ‘Suit ABC way’ as shown in the plaint sketch to

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reach her land bearing Sy.No.212/1A/1 and 212/1B of

Halagani Village and consequential relief of injunction

restraining the defendant from interfering with her

enjoyment over the suit way. It is the case of the

plaintiff that she is the owner in possession of the suit

land. Defendant is the owner