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THE HIGH COURT OF KARNATAKA
MR. SACHIN SHANKAR MAGADUM, J
SMT. PADMAVATHI W/O LATE K.M RAMADAS – Appellant
Versus
SMT. BHAGYA – Respondent
| Table of Content |
|---|
| 1. description of property ownership and access claims. (Para 3 , 4) |
| 2. defendants challenge plaintiff's claim of easement. (Para 5 , 6) |
| 3. court examines arguments presented by both parties. (Para 7 , 8) |
| 4. evidential support for multiple access routes to property. (Para 10 , 11 , 12 , 13) |
| 5. easement rights cannot be claimed without true owner present. (Para 19 , 20 , 21) |
| 6. limitation periods affect the revival of stale claims. (Para 22 , 23 , 24) |
| 7. final ruling and dismissal of the appeal. (Para 25 , 26) |
ORAL JUDGMENT
2. For the sake of convenience, the parties are referred to as per their rank before the trial Court.
In the present suit, the plaintiffs assert that Schedule “A” property bearing Site No.22, formed in Survey No.95, was purchased by the grandfather of the original plaintiff, namely late Kittappa, under a registered sale deed dated 25.07.1956. It is further pleaded that the original plaintiff’s father leased the said property in favour of the original plaintiff under a registered lease deed dated 21.01.1976 and that ever since the year 1976, the original plaintiff has been running small-scale industrial units in the said premises.
5. The defendants, on servi
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