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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
1. This appeal is filed by the plaintiff challenging the judgment and decree dated 03.12.2005 passed in RA No.1 of 1980 on the file of the Civil Judge (Sr.Dn) Haveri, allowing the appeal and setting aside the judgment and decree dated 09.11.1979 passed in OS No.85 of 1976 on the file of the Munsiff Haveri, decreeing the suit of the plaintiff.
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.
3. The plaint averments are that, the plaintiff claims to be the owner of the suit schedule 1-A property bearing Sy.No.40/1 measuring 10 acres, and the defendants 1 to 5 are the owner in possession of the land bearing Sy.No.45/2+3 measuring, 13 acres, 02 guntas of Siddadevapura Village, Haveri District. It is stated i
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