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1. This appeal is filed by the plaintiff challenging the judgment and decree dated 03.12.2005 passed in RA No.1 of 1980 on the file of the Civil Judge (Sr.Dn) Haveri, allowing the appeal and setting aside the judgment and decree dated 09.11.1979 passed in OS No.85 of 1976 on the file of the Munsiff Haveri, decreeing the suit of the plaintiff.

2. For the sake of convenience, the parties in this appeal shall be referred to in terms of their status and ranking before the trial Court.

3. The plaint averments are that, the plaintiff claims NC: 2025:KHC-D:2634 to be the owner of the suit schedule 1-A property bearing Sy.No.40/1 measuring 10 acres, and the defendants 1 to 5 are the owner in possession of the land bearing Sy.No.45/2+3 measuring, 13 acres, 02 guntas of Siddadevapura Village, Haveri District. It is stated in the plaint that, the land belonging to the plaintiff is situate towards East of the land of defendants. It is also stated that, the plaintiff and his brothers have purchased the suit schedule land as per registered Sale Deed dated 26.04.1973 from one Siddalingappa Choushetti. After the partition in the family, schedule property-1-A, was allotted to the share of the plaintiff. The land belonging to the defendants is on the Western side of the plaint 1-A schedule property. Plaintiff has annexed the hand sketch map. Suit schedule property 1-A and 1-B properties are situate adjacent to each other. It is also stated that North of 1-B property, bearing Sy.No.44 is NC: 2025:KHC-D:2634 situate as part of the land belongs to APMC yard, Haveri. It is also stated that, the plaintiff has purchased Plot No.24 in the above APMC yard, and has constructed the building. The width of the road, is about 60x70. It is further averred in the plaint that, the plaintiff being utilized the service of the road as shown in the Map-PQRO and QSMN of plaint sketch to reach the suit land bearing Sy.No.40/1 and thereafter, enter the schedule 1-B property through the boundaries shown in the Map as A, B, B1 and A1 (Water Canal). Thereafter, along with other pedestrians of neighboring land, the plaintiff is using N, N-2, B and B-2, portion to reach plaint 1-A schedule property. The plaintiff never had any obstruction to use the said path way. It is also stated that, the land bearing Sy.No.41 and to the East of Sy.No.41/1 and Sy.No.41, a big water source shown in the map as TCD is situate from time immemorial.

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NC: 2025:KHC-D:2634 Bunglow which is a road from Siddadevapur and Veerapur village, and the said road passes through the land of plaintiff and defendants. Secondly, the plaintiff is also using Haveri-Guttal Road, to reach his plaint 1- A property from North and Western Boundary of Sy.Nos.42 and 43 to reach the Nala which reaches the schedule property and therefore, the defendants sought for dismissal of the suit.

ORDER
i) Regular Second Appeal is allowed.
ii) Judgment and decree dated 03.12.2005 passed in RA No.1 of 1980 on the file of the Civil Judge (Sr.Dn) Haveri, is hereby set aside.
iii) Judgment and decree dated 09.11.1979 passed in OS No.85 of 1976 on the file of the Principal Munsiff and JMFC, Haveri, is hereby confirmed. Suit in OS No.85 of 1976 is hereby decreed.