S. SUJATHA, J.

1. This appeal is filed by the defendant in OS No. 473/2009 on the file of the IV Addl. Civil Judge & JMFC, Belgaum and the appellant in RA No. 392/2015 on the file of the XI Addl. District and Sessions Judge, Belagavi, under Section 100 of CPC to set-aside the judgments and decrees passed therein.

2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court.

3. OS No. 473/2009 was filed by the plaintiffs against the defendant for the relief of possession, costs and other reliefs. The subject matter of the suit property is part of CTS No. 1933 measuring 15' East-West from point A to B, 15' North to South from point B to C, 4' East West from point C to D, 12' North South from point to D to E, 9' East West from point E to F, 29' North South from point A to F situated in Kadolkar Galli, Belgaum as described in the map annexed to the plaint.

4. The case of the plaintiffs is that CTS Nos. 1933 and 1933/1 measuring 123.24 sq. metres built up portion and an area measuring 43.48 sq. meters open space in CTS No. 1933/1, both situated at Kadolkar Galli, Belgaum was originally held by Sri. Venkatesh S/o Krishna Hebsur. It is the