BABU SHIVAPPA MURAGOD Vs. GANGAPPA BASHETTAPPA UPPIN ALIAS MITHARI

JUDGEMENT

(1.) CONCURRENT f indings are cal led in question before this Court by f i ling an appeal under Section 100 of CPC. Plaintiffs of an original suit bearing O.S.No.35/2001 are this Court. Respondents herein are the defendants in the said suit. Parties wi l l be referred to as plaintiffs and defendants as per their ranking given in the trial Court.

(2.) LAND in RS No.184/1 original ly was a single block owned by one Desai fami ly. The said entire extent of land in RS No.184/1 was divided into hissa 1 to 4. Plaintiffs are the owners of lands in RS Nos.184/1, 184/2 and 184/3. According to the plaintiffs, there is no pathway or cart road in the land bearing RS No.184/2. It is alternatively averred that, even if there was any pathway, it is nonoperative since time immemorial and nobody has used the same. According to them, the said pathway has stood extinguished by non -use.

(3.) DEFENDANTS 1 to 3 have stated that the pathway or cart road shown by letters ABC in the hand sketch map passes in RS Nos.184/1, 184/2 and 184/4 and the same has had been used by them. Along with the written statement, a rough sketch is also appended. According to the plaintiffs, thin dotted line shown in the revenue map as foot path is not in existence and therefore, the said map does not bind the plaintiffs.