judgment

Dr. Arijit Pasayat, J. —

1.Challenge in these appeals is to the order passed by a learned Single Judge of the Karnataka High Court allowing the First Appeal filed under Section 96 of the Code of Civil Procedure, 1908 (in short the ‘CPC’). The respondent No.1 was the plaintiff and was appellant before the High Court. The case set out in the plaint is as follows :

2.The plaintiff is the absolute owner of the suit schedule property, having purchased it from M.N. Rudrappa under registered sale deed dated 9-2-1981 and is in possession of it since that date. The schedule property is the joint family of the plaintiff’s vendor and the suit property fell to the share of the plaintiff’s vendor’s family who are not alive, plaintiff’s vendor became a co-parcener and in that capacity he sold the suit property to plaintiff on 9-2-1981, and the khata is not changed to his name. Now, the plaintiff, with an intention to erect compound around the suit property has stocked stone slabs, but defendants 2 and 3 at the instance of the first defendant are trying to prevent the plaintiff from entering in to the schedule property and erecting stone slabs and on 20-11-1982, defendants 2 and 3 with gund