RSA No.42 of 2005 and RSA No.43 of 2005 arise from a common Judgment and Decree dated 28.09.2004 rendered by the learned Civil Judge (Sr. Dn.) Hukkeri in Respondents’ R.A. No.12 of 1998 and R.A.No.13 of 1998, reversing the common Judgments and decrees dated 24.01.1998 passed by the learned Civil Judge (Jr. Dn.) Hukkeri who had decreed Appellants’ suit for declaration and injunction in O.S. No.376 of 1989 and decreeing respondents’ suit for injunction in O.S. No.401 of 1989.

2. Appellants’ suit in O.S.No.376 of 1989 and Respondents’ suit in O.S.No.401 of 1989 were clubbed and tried together by the Trial Court which had decreed the former and dismissed the later by a common Judgment and decree. Appellants had filed R.A. No. 12/1998 aggrieved by decreeing of Respondents’ O.S.No.401/1989. Respondents had filed R.A.No.13/1998 aggrieved by the decreeing of Appellants suit in O.S.No.376/1989. Since the original suits were clubbed together and also decided since the Regular Appeals were also clubbed toghert and decided, the present Second Appeals too are taken together for hea