( 1 ) THIS appeal is filed by the defendants challenging the legality and validity of the impugned judgment and decree passed by the first Appellate Court in R. A. No. 44/91 dated 28. 6. 2000 in setting aside the judgment and decree passed by the addl. Munsiff, Kolar in o. S. No. 329/83 dated 20. 4. 1998 and remanding back the matter to the Trial Court to permit the plaintiff to carry out the amendment as sought for in I. A. No. 4 along with the observations made in the impugned judgment and decree urging various legal contentions. The rank of the parties in, this Judgment is referred as has been described in the original suit proceedings in the Trial Court for the sake of convenience.

( 2 ) CERTAIN brief facts which are necessary for considering therival contentions urged by the learned Counsel appearing on behalf of the parties are stated as hereunder:- the plaintiff filed original suit praying for grant of bare permanent injunction restraining the defendants from interferring with his alleged adverse possession in respect of the suit schedule property contending that he has been in exclusive possession and enjoyment of the suit schedule property by paying kanday