( 1 ) THIS second appeal is preferred against the Judgment and decree dated 14-2-1978 passed in R. A, No. 166/1973 by the learned Additional Civil Judge, Hubli, partly modifying the Judgment and decree dated 27-10-1973 passed by the III Additional munsiff, Hubli, in O. S. No. 412/1970.

( 2 ) THIS second appeal is referred to a Division Bench on the ground that there is aconflict between the two decisions of this Court in Hanumanthappa Kallappa v veerappa Budrappa, 1976 (2) Kar. L. J. 281 and Patel Doddakempegowda v chikkeregowda, ILR 1986 Karnataka 2404.

( 3 ) THE appellant is the defendant. Respondent is the plaintiff. The suit is filed fora declaration that the plaintiff is the owner of the suit site described as B C E in the rough sketch annexed to the plaint and for possession of the same and also for a mandatory injunction directing the defendant to demolish the temporary structure put up on the suit with future mesne profits from the date of suit till the date of delivery of possession.

( 4 ) IT is the case of the respondent-plaintiff that he is the owner of Plot No. 12 and the defendant is the owner of Plot No. 13 comprised in CTS 3789 of Vidhyanagar, hubli;