JUDGMENT

R. Banumathi, J.

This appeal arises out of the common judgment of the High Court of Karnataka at Bangalore dated 24.08.2006 in and by which the High Court allowed R.F.A. No.1100 of 2003 preferred by respondent No.1/ plaintiff thereby decreeing the suit for permanent injunction in respect of site no.47 and dismissing R.F.A.No.1083 of 2003 preferred by appellants/defendants in respect of site no.53.

2. Appellants/defendants were owners of land measuring 3 acres 30 guntas in Sy. No. 255 of Dodda Banasawadi Village, K.R. Puram Hobli, Bangalore, South Taluk. Out of which, the defendants sold 39 guntas of land to Madhavan Pillai (PW2) under a registered sale deed dated 21.04.1975. After the purchase, Madhavan Pillai formed a layout plan (Ex.P8) of site no.47, as per which the site no.47 is on the eastern side of site no.53. The matter in dispute pertains to two sites namely site no.47 and site no.53 in Sy. No.255 of Dodda Banaswadi Village which are adjoining each other and forming part of 39 guntas of land. Plaintiff had filed a suit for permanent injunction in O.S.No.424 of 1995 restraining the defendants from interfering with plaintiff's peaceful possession of suit property - bo