V. Gopala Gowda, J.--The Appellant is the first Defendant, first Respondent was the Plaintiff and 2nd Respondent was the 2nd Defendant in the trial Court. For the sake of convenience, the parties are referred as per their rank in the trial Court.

2. The Plaintiff filed the suit in O.S. No. 134 of 1992 for declaration that first Defendant has no right to construct any structures in the suit property and for demolition of the structures and for permanent injunction. The Defendant filed written statement denying plaint averments and pleading that the building has been constructed by him strictly in accordance with the sanctioned plan. On the basis of the pleadings, the trial Court framed issues. Parties led evidence and produced documents in support of their respective case. Upon consideration of the same, the trial Court by its judgment dated 11.7.1994 decreed the original suit as prayed for. In the appeal fild by the first Defendant in R.A. No. 72 of 1994 against the judgment and decree of the trial Court, the first appellate Court by its judgment dated 17.10.1998 partly allowed the appeal and modified the judgment and decree of the trial Court rejecting prayer (c) in the pla