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KARNATAKA HIGH COURT
E.S.INDIRESH, J
GURUPADAYYA CHANNABASAPPA TURAMARI – Appellant
Versus
MAHADEVAYYA MURIGEYYA HALAYYANAVARAMATH – Respondent
| Table of Content |
|---|
| 1. property ownership and easement claims (Para 1 , 2 , 3 , 4 , 5) |
| 2. issues formulation by the trial court (Para 6 , 8) |
| 3. evidence presented by both parties (Para 7) |
| 4. substantial questions of law regarding easement (Para 10 , 15 , 17) |
| 5. parties' arguments and reliance on precedents (Para 11 , 12 , 13) |
| 6. court's findings and final orders (Para 14 , 16 , 18 , 19 , 20) |
CAV JUDGMENT
2. For the sake of convenience, the parties in this appeal shall be referred to in terms of their status and ranking before the trial Court.
4. After service of summons, the defendants entered appearance and filed detailed written statement denying the averments made in the plaint. It is the specific case of the defendants that, the plaintiff has no right of way as per the plaint sketch shown as N, B, B-2 and N-2 and there is no entry from point NM of the sketch to the schedule property. It is also stated in the written statement that, a water source through lies as A, B, B-1 and A-1 in the plaint sketch. It is also stated that the plaintiff is having Plot No.24 in the APMC yard and the plaintiff has no right of way in the plaint 1-B property in the water source through B-1, A-1, and B-1 or ad
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