( 1 ) THIS appeal by the defendants is directed against the judgment and decree passed by the Court of District. Judge, Bidar, in R. A. No. 32/2000 dated 2-1-2003 allowing the appeal and setting aside the judgment and decree passed by the court of Civil Judge (Sr Dn.), basavakalyana, in O. S. No. 210/1993 dated 11-8-2000 and decreeing the suit of the plaintiff as prayed for, for declaration of title and injunction against the defendants.

( 2 ) THE essential facts of the case leading upto this appeal with reference to the rank of the parties before the trial Court are as follows : the plaintiffs filed the suit for declaration of their title to the schedule property and for permanent injunction against the defendants from interfering with the peaceful possession and enjoyment of the schedule property. The suit schedule property is described as 6 acres 33 guntas of land in sy. No. 73 situated at Khandala village, basavakalyana Taluk.

( 3 ) IT is averred in the plaint that the plaintiffs are the daughters of Sundrabai wife of trimukhrao Patil. Defendant No. 4 is the step mother of the plaintiffs. Defendant No. 3 is the widow of defendant No. 4's son and defendants 1 and 2 are the sons

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