( 1 ) NOTICE to respondent No. 1 dispensed with as she has entered caveat. This appeal is taken up for final disposal with the consent of the appellant as well as the first respondent. During the course of this judgment, parties would be referred to as per their ranking before the trial Court.

( 2 ) THIRD-DEFENDANT is questioning the judgment and decree dated 9-1-2007 passed by the learned trial Judge in OS No. 4910/1993 decreeing the suit with costs and directing the defendant No. 3 to vacate and deliver vacant possession of the suit property to the plaintiff within three months from the date of the judgment and dismissing the suit against defendants 1 and 2.

( 3 ) THE plaintiff filed the suit against the defendant for delivery of possession of the schedule property and for damages at the rate of Rs. 400/- per month from the date of the suit till delivery of possession and for costs and other reliefs. The suit schedule property is a house bearing No. 134, Kaneshumari no. 129, measuring East to West 9' and North to South 14' situated at Arakere Village, Hulimavu Post, bangalore South taluk. The plaintiff is the only heir of Muniella and his wife has predeceased him. The total ext

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