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In the Court of the Hon’ble V Senior Civil Judge
Ranga Reddy District · At: L.B. Nagar
I.A. No. _____ OF 2025
in
O.S. No. 120 OF 2025
Between:
And
AFFIDAVIT
I, Suresh Kumar Reddy S/o Late Srinivas Reddy, aged 52, Farmer, residing at H.No. 4-32, Chevella, Ranga Reddy District, do hereby solemnly affirm and state on oath as under:
1). I am the Deponent herein and the Plaintiff in the main original suit, O.S. No. 120 of 2025, and as such am fully acquainted with the facts of the case. I am a co-owner, along with the Respondent, of the agricultural land at Survey No. 78, Village Chevella, Ranga Reddy District, Telangana — the “suit schedule property” — which includes a jointly owned borewell used for irrigation.
2). The cause of action arose on 18.11.2024, when the Respondent installed a locked gate around the borewell without consent, blocking my access. Despite a legal notice and mediation, he has refused to restore access and failed to appear in O.S. No. 120 of 2025 despite proper service of summons.
Wherefore
i). Pass orders under Order IX Rule 6(1)(a) CPC directing proceedings to continue ex parte against the Respondent for deliberate non-appearance;
ii). Grant a permanent injunction restraining the Respondent from obstructing access to the jointly owned borewell, under §15 Indian Easements Act, 1882 r/w §36 Specific Relief Act, 1963;
iii). Direct the Respondent to pay Rs. 2,00,000 for crop loss with interest at 12% p.a. from 18.11.2024 until realisation.
Place: L.B. Nagar
Date: 28.04.2026
DEPONENT
Identified by
Adv. K. Vijayalakshmi
Adv/HYD/4521/2018
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2024 INSC 293 · Supreme Court
An easement of necessity under Section 13 requires necessity for enjoying the dominant heritage; an available alternative route defeats that claim.
(2010) 2 SCC 689 · Supreme Court
A pathway easement may arise by implied grant where the surrounding facts, prior use, and conduct demonstrate the grantor’s intention.
(2005) 1 SCC 471 · Supreme Court
A prescriptive easement requires specific pleading and proof of peaceful, open, uninterrupted, as-of-right use for the statutory period.
Resolve
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ODR Case File
Suresh Kumar Reddyv.Vikram Reddy
LBH-ODR-2024/0247·Borewell easement · Ranga Reddy District
Filed
15.12.2024
Claim filed · fee paid
Notice Served
16.12.2024
Email + SMS delivery
Video Hearing
28.12.2024
Both parties · 47 min
Award Drafted
29.12.2024
Source-linked citations · §15 IEA
Aadhaar eSigned
30.12.2024
Provider audit trail · both parties
SETTLEMENT AWARD
WHEREAS the parties dispute access to the jointly owned borewell at Survey No. 78, Village Chevella, Ranga Reddy District, and have voluntarily submitted to mediation under the Mediation Act, 2023, this Tribunal records the following terms of settlement:
1). Both parties shall enjoy unrestricted access to the borewell on alternate days commencing 01.01.2025.
2). The locked gate installed on 18.11.2024 shall be removed by Vikram Reddy within seven days of this Award.
3). Plaintiff withdraws O.S. No. 120 of 2025 before the V Senior Civil Judge, Ranga Reddy District, with no order as to costs.
Plaintiff· Aadhaar eSign
Suresh Kumar Reddy
XXXX-XXXX-1000
30.12.2024 14:23 IST
Defendant· Aadhaar eSign
Vikram Reddy
XXXX-XXXX-1137
30.12.2024 14:51 IST
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