JUDGMENT :

This appeal of the legal representatives of the defendant arises out of judgment and decree in RA No.17/2005 dated 27.08.2014 passed by the Senior Civil Judge, Kundapura.

2. By the impugned judgment and decree, the First Appellate Court set aside the judgment and decree dated 07.01.2005 in OS No.427/1997 passed by the Principal Civil Judge (Junior Division), Kundapura.

3. By judgment and decree dated 07.01.2005, the trial Court had decreed the suit of the plaintiff declaring that plaintiff has acquired easementary right to make use of suit pathway running over property bearing Survey No.63/7 belonging to defendant and granted permanent injunction.

4. Suit was filed by one Sheena Acharya S/o. Subraya Acharya. When the matter was pending before the First Appellate Court, Sheena Acharya died and the present respondents are his legal representatives. Defendant in the suit was Panduranga Bhat S/o. Laxmana Bhat. He had preferred RA No.17/2005. After disposal of RA No.17/2005 and before filing of this appeal, he died. Therefore, present appellants preferred this appeal as his legal representatives.

5. Plaintiff was owner of land bearing Survey No.4/18 measuring 5 cents and 4/28 meas