( 1 ) REGULAR Second Appeal No. 659 of 1983 is filed by the appellant who was the plaintiff in the trial Court against the judgment and decree dt. 26-7-1983 passed by the Civil Judge-cum-J. M. F. C. Athani, in R. A. No. 100 of 1980 confirming the judgment and decree dt. 25-9-1978 passed by the I Additional Munsiff, Belgaum, in O. S. No. 261 of 1977. Regular Second Appeal No. 705 of 1983 is filed by the appellant who was the defendant in the trial -Court against the judgment and decree dt. 26-7-1983 passed by the Civil Judge-cum-J. M. F. C. Athani, in R. A. No. 101 of 1980 confirming the judgment and decree dt. 25-9-1978 passed by the I Additional Munsiff, Belgaum, in O. S. No. 260 of 1977.

( 2 ) I have heard the learned counsel for the appellant and the learned counsel for the respondents fully and perused the records of the case.

( 3 ) ONE Shivappa hack filed a suit in O. S. No. 260 of 1977 against this appellant for a permanent injunction to restrain the appellant from obstructing him with his peaceful possession and enjoyment of the suit schedule property on the ground that these properties along with some other properties belonged to Appanna who died leaving beh