M. B. VISHWANATH, J.

( 1 ) THIS second appeal has been filed under Section 100 of the C. P. C.

( 2 ) THE appellants are the defendants. The respondent is the plaintiff.

( 3 ) THE plaintiff filed the suit in O. S. No. 21/1982 before the Munsiff, Savanur, for declaration and permanent injunction in respect of the suit property bearing TPC No. 588 situated in W. No. III of Bankapur village.

( 4 ) THE trial Court granted the decree for permanent injunction, but dismissed the plaintiff's suit for declaration.

( 5 ) THE defendants appealed against the judgment and decree passed by the trial Court in R. A. No. 11/1989 before the Civil Judge, Haveri. The plaintiff filed cross appeal.

( 6 ) THE appellate Court by its common judgment dated 20-12-1990 dismissed the defendants' appeal and allowed the plaintiff's cross appeal. In other words, the appellate Court confirmed the decree for permanent injunction passed by the trial Court and granted the decree for declaration also.

( 7 ) THE present second appeal has been filed by the defendants.

( 8 ) THE plaintiff's case is that the suit property belonged to the joint family of the plaintiff and others and at a family partition, it fell to the shar

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