A.S. PACHHAPURE, J.

1. The appellants have challenged the Judgment and Decree in R.A. No. 123 of 2009, allowing the appeal of deceased 1st respondent by setting aside the dismissal of the suit in O.S. No. 85 of 1989 for the relief of declaration and possession and granting a decree in favour of the 1st respondent 1(a).

2. The chronology of the events leading to the suit from which the second appeal arises are as under:-

One N.K. Giriraja Shetty, deceased 1st respondent is the plaintiff in the suit instituted seeking the relief of declaration of his title to the suit properties and for possession. The schedule annexed to the plaint reveals that Sy. No. 11 measuring 5 acres 39 guntas and Sy. No. 68/1, measuring 18 guntas both situated at Kenchanahalli village, Nelamangala taluk, Bangalore, were owned by Siddagirigowda, 1st defendant in the trial Court. The 2nd respondent herein is the third wife i.e. 4th defendant and Thopamma, 2nd defendant is the first wife of Siddagirigowda and in her life-time, Thopamma instituted a suit for maintenance against her husband, in O.S. No. 245 of 1968. Siddagirigowda owned as many as 13 properties inclusive of the suit properties herein and