DECREE

DATED

30.06.2003 PASSED IN O.S. NO.85/2002 ON THE FILE OF CIVIL

JUDGE (JR.DN.), MUNDARAGI.

THIS RSA COMING ON FOR FINAL HEARING THIS DAY,

THE COURT, DELIVERED THE FOLLOWING:

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JUDGMENT

Challenging

the

judgment

and

decree

dated

21.04.2006 passed by the Additional Civil Judge (Sr.

Dn.), Gadag in R.A. No.88/2003, this second appeal is

filed by the plaintiff – appellant.

The appellant was plaintiff in O.S. No.85/2002

and respondent in R.A. No.88/2003 while respondent

Nos.1 to 5 herein were defendants 1 to 5 before Trial

Court and appellants 1 to 5 respectively in R.A.

No.88/2003.

For the sake of convenience, parties will

hereinafter be referred to as per their respective ranks

before Trial Court.

Appellant – plaintiff filed O.S. No.366/2001

(later renumbered as O.S. No.85/2002) seeking for

declaration of easement rights by prescription over suit

way “MNOP” and as shown in the plaint hand sketch for

consequential relief of injunction restraining defendants

4

permanently

from

obstructing

and

interfering

with

plaintiff’s use and enjoyment of same. In the plaint, it

was stated that plaintiff was owner of agricultural land

bearing R.S. No.412/5 measuring 4 acres 4 guntas

marked a