This is a second appeal by the defendants.

The

respondents

though

served

have

remained unrepresented.

The defendants had instituted a suit seeking

for a declaration that they were having a right of

easement of necessity over 'ABCD' cart-track in Re. Sy

Nos.25 and 26 of Rangapura Village to reach their lands

3

bearing Survey Nos.14, 15/P, 12/P and 13/P of

Papadevarahalli Village which belongs to them.

4.

They stated that the defendants were the

owners of the lands in Re. Sy. Nos.25 and 26 of

Ranagapur Village and there existed a road leading from

Jagalur to Kyasanahalli Village running south-north

abutting to the lands of the defendants. It was stated to

the west of the defendants lands, the lands of the

plaintiffs were situated and in order to access their lands,

they had to use the land of the defendants.

5.

They contended that a portion marked at

'ABCD' cart-track was a necessary easementary pathway

which had been in existence from time immemorial and

they were entitled for use of the said cart-track for the

beneficial enjoyment of their lands. They pleaded that

there was no alternative cart-track to their land and the

defendants were causing obstruction to the usage of the

s