ORAL JUDGMENT

(PER: THE HON'BLE MR. JUSTICE M.G.S. KAMAL)

1. Plaintiffs in O.S. No.89/2003 are before this Court in this appeal, being aggrieved by the judgement and decree dated 01.07.2006 passed in R.A. No.146/2005 on the file of Principal Civil Judge (Sr. Dn.), Jamakhandi (for short “the First Appellate Court”), by which the First Appellate Court while allowing the appeal filed by the defendants, set aside the judgement and decree dated 21.09.2005 passed in O.S. No.89/2003 on the file of Principal Civil Judge (Jr.Dn.) Jamakhandi (for short “the Trial Court”) and consequently dismissed the suit.

2. Case of the plaintiffs is;

(a) That they are the owners in possession of the land bearing R.S. Nos.89/1, 89/3 and 89/4 while defendant No.1 is the owner of land bearing R.S. No.88/3B. These lands are situated in Mareguddi village. The defendants also own land in R.S. No.195 of Bundi village.

(b) The subject matter of the suit is boundary strip situated between Mareguddi and Budni villages, which is commonly used as a cart way by the owners of the adjoining lands as well as the public at large. That the said boundary strip which runs in an east - west direction, with a hedge, is shown by let