Both these appeals filed under Section 100, CPC are directed against the judgment and decree passed in O.S. 251/09 which is pending on the file of Civil Judge (Junior Divn.), Channarayapatna, and the judgment passed by the Civil Judge (Senior Divn.), in R.A. 12/02.

2. The appellant in R.S.A. 1952/05 Channappa Gowda was the third defendant in the suit filed by N.C. Rajashekara for the reliefs if declaration of title and permanent injunction in respect of 50% of the land measuring 6.10 acres in Survey No. 15 (new No. 32) of Begur Hobli, Nagenahalli village, Channarayapatna Taluk. Plaintiff had a brother by name N.C. Guruvaiah and both of them were brothers of one person named N.C. Chandrappa who was an ex-serviceman. Chandramma is the wife of Chandrappa and Umesh is the son born to them.

3. Government had granted 6.10 acres of land to N.C. Chandrappa and he was in possession of the same till his death. According to the plaintiff, his brother had executed a will in favour of himself and his brother-Guruvaiah on 15.4.1972 bequeathing the entire extent of 6.10 acres. Chandrappa died in 1984. Soon after his death, himself (plaintiff) and his brother became the joint owners of the