G. Channabasappa v. M.B. Chandrappa

What is this about?

High Court of Karnataka, Bengaluru; RSA No. 292 of 2013; Hon'ble Mr Justice Ashok S. Kinagi (single judge, oral judgment); decided 09 June 2025; second appeal dismissed under S.100 CPC; subject matter: declaration and permanent injunction over alleged suit road/public road in Sy.No.318 / property bearing No.318, Hulikatte village, Davanagere Taluk; 10'-width road from Bevinakatte-Gudalu village; alleged encroachment/construction by defendants (owners of properties Nos.15 and 315); village map absence; no survey records; Court Commissioner's report and sketch compared with plaint sketch; PW-2 cross-examination; 6 feet encroachment claim; easementary right versus public road plea; prescription/user over 10 years under Easement Act; failure to consider Commissioner's report and Ex.R.1 after remand; prior RSA No.1628/2009 remand dated 15.02.2012; trial decree dated 03.12.2008 in O.S.No.222/1998 reversed by first appellate Court; confirmation of R.A.No.7/2009 judgment dated 05.11.2012; appellants Nareshwarappa G.C. and H.C. Basamma (legal representatives of deceased G. Channabasappa); respondents legal representatives of deceased M.B. Chandrappa and Smt. Manjulamma; advocate for appellants Sri T C Sathishkumar; no substantial question of law; no order as to costs.