IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30^TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE H.P.SANDESH REGULAR SECOND APPEAL NO.1040 OF 2024 (INJ)

BETWEEN:

MR JOHN LAWRENCE LEWIS AGED ABOUT 67 YEARS S/O LATE ANTHONY JOSEPH LEWIS R/AT MATAPADY VILLAGE AND POST UDUPI TALUK AND DISTRICT-576213 …APPELLANT (BY SRI PRASANNA V R, ADVOCATE)

AND:

1. CHANTHAR GRAMA PANCHAYATH Digitally signed CHANTHAR by DEVIKA M REP BY ITS SECRETARY, Location: H IGH CHANTHAR VILLAGE, COURT OF KARNATAKA BRAHMAVARA POST, UDUPI TQ AND DIST-576213

2. ANANTHA NAYAK AGED ABOUT 45 YEARS S/O PUTTA NAYAK CHANTHAR, BRAHMAVARA UDUPI TALUK-576213

3. SEETHARAM HEBBAR AGED ABOUT 52 YEARS, S/O NARYANA HEBBAR HEBBAR HOUSE, DEVA BAILU CHANTHARU VILLAGE BRAHMAVARA UDUPI TALUK-576213

4. FRANCIS D SOUZA AGED ABOUT 60 YEARS S/O THOMAS D SOUZA CHANTHARU VILLAGE BRAHMAVARA UDUPI TALUK-576213

5. P K NAGESH AGED ABOUT 59 YEARS, S/O KRISHNAYYA BALEGARA R/AT CHANTHARU VILLAGE BRAHMAVARA UDUPI TALUK-576213

6. DEVADAS RAO AGED ABOUT 68 YEARS S/O DAMODHAR RAO R/AT ‘ADESH’, CHANTHARU VILLAGE BRAHMAVARA UDUPI TALUK-576213

7. MR PAUL DERRIL BANZ AGED ABOUT 63 YEARS, S/O LATE SIMON BANZ CHANTHARU VILLAGE BRAHMAVARA UDUPI TALUK-576213

8. MRS RENNY BANZ AGED ABOUT 55 YEARS W/O MR. PAUL CHANTHARU VILLAGE BRAHMAVARA UDUPI TALUK-576213

9. MRS MEENA D SOUZA AGED ABOUT 52 YEARS S/O FRANCIS D SOUZA ’ANUSH’, CHANTHARU VILLAGE BRAHMAVARA UDUPI TALUK-576213

10. MR GEORGE LEWIS AGED ABOUT 56 YEARS S/O AGUSTIN D SOUZA CHANTHARU VILLAGE BRAHMAVARA UDUPI TALUK-576213

11. MR VINCENT ROSHAN D SOUZA AGED ABOUT 43 YEARS S/O AUGUSTIN D SOUZA CHANTHARU VILLAGE BRAHMAVARA UDUPI TALUK-576213

12. MR. SHAILA LEWIS AGED ABOUT 43 YEARS W/O SIPRIYAN LEWIS DEVUBAIL CHANTHARU VILLAGE BRAHMAVARA UDUPI TALUK-576213

13. MR VASUDEVA BHAT AGED ABOUT 63 YEARS, R/AT ‘PANNAGA’

DEVABAIL CHANTHARU VILLAGE BRAHMAVARA UDUPI TALUK-576213

14. MRS TRIVENI AGED ABOUT 55 YEARS, W/O VASUDEVA BHAT DEVUBAIL CHANTHARU VILLAGE BRAHMAVARA UDUPI TALUK-576213

15. MR CYPRIAN LEWIS AGED ABOUT 54 YEARS, S/O JOSEPH LEWIS DEVUBAIL CHANTHARU VILLAGE BRAHMAVARA UDUPI TALUK-576213 …RESPONDENTS THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 01.04.2024 PASSED IN R.A.NO.40/2020 ON THE FILE OF PRL. SENIOR CIVIL JUDGE AND CJM, UDUPI AND ETC.

THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE H.P.SANDESH

ORAL JUDGMENT

This appeal is filed against the concurrent finding of the Trial Court as well as the First Appellate Court.

2. This matter is listed for admission. Heard the learned counsel appearing for the appellant.

3. The factual matrix of the case of the plaintiff before the trial Court that at the first instance, suit was filed for the relief of permanent injunction only and subsequently, sought for the relief of mandatory injunction. The claim of the plaintiff is that he is the owner and in actual possession of the suit schedule property. The plaintiff’s contention is that defendant is farming road forcibly in the plaint Item No.2 of the property. The defendant appeared and filed the written statement contending that Chanthar-Devubail road has been in existence from time immemorial. It is also the contention of the defendant that suit is suffered from non-joinder of necessary parties. The Trial Court taking into note of the pleadings of the parties, framed the issues and allowed the parties to lead their evidence. Accordingly, the plaintiff is examined as PW1 and also examined two witnesses as PW2 and PW3 and got marked the documents at Ex.P1 to P34. On the other hand, defendants have also examined two witnesses as DW1 and DW2 and got marked the documents at Ex.D1 to D18.

4. The Trial Court having considered the material placed on record, answered Issue No.1 partly in the affirmative holding that the plaintiff is in possession in respect of the ‘A’ schedule property, but there exists a road and in paragraph 19, the Trial Court taken note of the admissi