D.V. Shylendra Kumar. J.,

This appeal is by the plaintiffs in the suit, who had sought for the following prayer in the suit before the learned Civil Judge, (Sr.Dn), Madikeri.

“A declaration to declare that the schedule properties are the private properties of the plaintiffs and not public properties; declare that any marking made in the Map or Plan maintained by the Defendant No.1 over the schedule properties purporting to be paths or ways were not duly entered therein; declare that the order dated 18.01.1994 passed by the Defendant No.3 in M.A.G. No.245/1992-93 is without jurisdiction and is illegal and not enforceable in law; Permanent-Injunction restraining the Defendants, their men from enforcing the order dated 18.01.1994 passed by the Defendant No. 3 and restraining the Defendants, their men from interfering with Plaintiffs peaceful possession and enjoyment of the schedule properties in pursuance of the Order dated 18.01.1994 passed by the Defendant No.3.”

As the suit came to be dismissed negativing the claim of the plaintiffs, the present appeal.

2. Along with the appeal, the appellants had filed an application under Order 41 Rule 5 of CPC seeking for interim st