Ashok G. Nijagannavar, J.

Though this appeal is listed for admission, with the consent of the learned counsel for the appellant-s and the respondents, heard arguments on merits for final disposal.

2. The appellants are the plaintiffs before the trial Court. MFA is filed by them challenging the rejection of I.As.1 and 2 under Order XXXIX Rules 1 and 2 CPC.

3. The parties herein are referred to as per their ranking before the Court below.

4. The facts briefly stated are that the plaintiffs are the absolute owners of the suit property bearing sy.No.44 (New Sy.No.44/2, 44/7 measuring 1 acre situated at Konappana Agrahara in Bengaluru South Taluk. The father-in-law of plaintiff No.1 and grand father of other plaintiffs namely Muniswamappa had purchased a suit property under the registered sale deed 29.06.1959. After the demise of Muniswamappa, his only son Narayanappa i.e., the husband of the plaintiff No.1 acquired the said property through a Will dated 05.10.1988. After the demise of said Narayanappa the plaintiffs being wife and children have become the owners of the property and they are in possession and enjoyment of the suit schedule property. Even though the father-in-law o