JUDGMENT

Abhay Manohar Sapre, J.

Leave granted.

2. These appeals are filed against the final judgment and order dated 16.12.2014 passed by the High Court of Karnataka at Bengaluru in Regular First Appeal No. 2096 of 2012 C/W RFA. CROB. No. 27 of 2013 whereby the High Court dismissed the Regular First Appeal filed by the appellants herein and allowed the CROB. No.27 of 2013 and the application filed under Order 41 Rule 27 read with Section 151 of the Code of Civil Procedure, 1908 (hereinafter referred to as "the Code") filed by the Respondent and set aside the findings recorded by the Trial Court on Issue No.1 that the appellants (plaintiffs) are the absolute owners of the Schedule 'A' and "B' property.

3. In order to appreciate the issue involved in the appeals, few relevant facts need to be mentioned infra.

4. The appellants are the plaintiffs whereas the respondent is the defendant in a civil suit out of which these appeals arise.

5. The disputes in the civil suit out of which these appeals arise relate to a land bearing Sy. No.2/1, Koramangala Village, Begur Hobli, Bangalore South Taluk measuring 1 acre 27 guntas (hereinafter referred to as "suit land"). It is between the appellants (plaintiffs) and the respondent (defendant) which is a Co-operative Society engaged in the business of manufacturing and selling of Milk.

6. One Mr. K.G. Yellappa Reddy was the original holder of the suit land. In the year 1998, K.G. Yellappa Reddy filed a civil suit (OS No. 4875/1998) against the respondent for permanent injunction in relation to the suit land. He claimed, inter alia, that he is in possession of the suit land and the respondent is trying to interfere in his possession.

7. The suit was, however, dismissed as being not maintainable on 17.02.2001 by the Trial Court for want of notice. Mr. K.G. Yellappa Reddy, in the meantime, died leaving behind the appellants herein as his legal representatives.

8. On 14.03.2007, the appellants filed another civil suit (No.2143/2007) against the respondent before the City Civil Judge, Bangalore for a declaration and permanent injunction in relation to the suit land.

9. In the suit, the appellants claimed title through their ancestor (late K.G. Yellappa Reddy) and alleged that the appellants are now the owners of the suit land after the death of Mr. K.G. Yellappa Reddy by inheritance and the respondent has no right, title and interest in the suit land and nor has any right to interfere in the possession of the appellants over the suit land.

10. The respondent (defendant) denied the appellants' claim and, inter alia, alleged in the written statement that they have been in possession of the suit land in their own rights. It was alleged that the State Government acquired the suit land a long back for public purpose and allotted the suit land to the respondent for a valuable consideration and since then they are in possession of the suit land in their own right and carrying on their business.

11. The respondent also contended that the suit filed by the appellants is barred by the principle of res judicata because of the dismissal of the previous suit filed by their father (Mr. K.G. Yellappa Reddy) against the respondent in relation to the suit land wherein the same relief was claimed but was declined to the appellants' late father. The respondent also raised other legal pleas, such as suit is barred by limitation, it is neither properly valued and nor proper Court Fees has been paid on the relief claimed etc.

12. The Trial Court, by judgment/decree dated 13.08.2012, though dismissed the suit as being barred by limitation but held the appellants to be the owner of the suit land. In other words, the Trial Court held that the appellants were able to prove their ownership over the suit land but dismissed the suit as being barred by limitation. It was also held that the respondents failed to prove their case inasmuch as they failed to file any document in support of their stand that the suit land had been acquired by t