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 case of the plaintiffs that during the year 1969, the said Venkatesh Krishna Hebsur executed a Will dated 5/1/1969 in favour of Smt. Suvama and his daughters from the second wife. He expired on 27.10.1969. Smt. Suvama initiated the proceedings under Indian Succession Act in the Court of Civil Judge (Sr.Dn.), Dharwad and the said proceedings was numbered as OS No. 19/1972 which was contested by sons of Venkatesh Hebsur from his 1st wife i.e. Krishnamurthi and Trimbak. OS No. 19/1972 was decreed granting probate of the Will in the name of Suvama vide judgment dated 13.7.1973. Being aggrieved by the said judgment and decree, Krishnamurthi Venkatesh Hebsur preferred MFA No. 345/1974 before this Court, and the same came to be dismissed on 27.1.1978. Smt. Suvama executed a sale deed in favour of the plaintiffs on 24.06.2006 under the registered sale deed. Thus, by virtue of the said sale deed, the plaintiffs have become lawful owners of both CTS Nos. 1933 and 1933/1, Kadolkar Galli, Belgaum. Thus, it is the case of the plaintiffs that they have become rightful owners of the suit property under the registered sale deed dated 24.06.2006. The plaintiffs contended that they have issued a notice dated 22.12.2008 to the defendant demanding possession of the suit property stating that his tenancy has been terminated and asked him to vacate the suit property and to hand over the vacant possession of the suit property to the plaintiffs, since the defendant claimed the possession of the suit property as agreement holder of sale from Lakshmibai-1st wife of Venkatesh Krishna Hebsur. The plaintiffs further contended that the defendant denied the claim of the plaintiffs and refused to hand over the possession of the suit property. As such, they were constrained to file OS No. 473/2009. On issuance of suit summons, the defendant contested the matter contending that the plaintiffs have no locus standi to issue notice and to file the present suit. The defendant has also denied the jural relationship between himself and present plaintiffs. On rival contentions of the parties, the Trial Court framed the following issues:

(i) Whether the plaintiffs prove that they are absolute owners of the suit property, which is shown as ABCDEF in plaint map?

(ii) Whether the plaintiffs are entitled the relief of possession of the suit property?

(iii) What order or decree?

5. After appreciating the evidence on record, the Trial Court decreed the suit directing the defendant to hand over the actual vacant possession of the suit property to the plaintiffs within 60 days from the date of the order. Being aggrieved by the said judgment and decree, the defendant preferred RA No. 392/2015 before the Lower Appellate Court. In the said appeal proceedings, the appellant/defendant had filed interim appli