Ram Mohan Reddy, J : Defendants in O.S. No.257/1992, renumbered as O.S. No.81/1995 and yet again, as O.S. No.26/2000 before the Civil Judge (Jr. Dn.,), N.R. Pura, aggrieved by the judgment and decree dated 16.6.2007 in R.A. No.90/2004 by the Civil Judge (Sr. Dn.), Chikmagalur allowing the appeal to set aside the judgment and decree of the Trial Court, have presented this second appeal.

2. Respondent, since deceased, represented by legal heirs, instituted O.S. No.257/1992 on 21.11.1992 before the Munsiff at Koppa for the reliefs of (i) vacant possession and (ii) a decree of permanent injunction restraining the defendants from encroaching upon the immovable property being a building site measuring 20 guntas comprised in Sy. No. 119 of Addagadde Village of Sringeri Taluk, together with a thatched hut measuring 10 x 8 feet, bounded on the East by Sy. No.290 building site and Sy. No.119 part of Government land, West by Sy. No.289 building site belonging to the plaintiff wherein he has constructed a building and a thrashing yard and Sy. No.119 of Government land, South by Sy. No.119 part of Government land, and North by Koppa-Sringeri Road. That suit when transferred was numbered