Though appeal is listed for admission, it is

taken up for final disposal.

Challenging judgment and decree dated

07.02.2014

passed

by

Senior

Civil

Judge,

Hunagund in R.A.no.39/2013 and judgment and

decree dated 22.07.2013 passed by Additional Civil

Judge and J.M.F.C., Hunagund in O.S.no.175/2007,

this appeal is filed.

While appellants herein were plaintiffs,

respondents herein were defendants no.1 to 5

respectively

in

original

suit.

For

sake

of

convenience, parties to this appeal will hereinafter

be referred to by their rank in original suit.

O.S.no.175/2007 was filed seeking for

declaration that plaintiffs had got prescriptive

rights of easement of way over defendants land

- 4 -

and for permanent injunction restraining them

from interfering with its use and enjoyment.

In plaint, it was stated that defendant

no.3 was owner of land bearing Sy.no.246/1B,

while defendant no.2 was owner of Sy.no.260 and

defendant no.4 owner of Sy.no.246/2. It was

stated that there existed a road at ‘NOPE’ points

passing through his land which was in existence

since more than a century and used by plaintiffs’

ancestors and by plaintiffs for beneficial enjoyment

of their property. However, when defendan