JUDGMENT :

B.M. Shyam Prasad, J.

These appeals are filed impugning the common judgment dated 29.03.2006 in R.A.No.136/2004 and 165/2004 on the file of the IV-Fast Track Court, Gulbarga. These appeals are filed by the plaintiff in the suit in O.S.No.871/1991 on the file of the II-Additional Civil Judge (Jr.Dn.) at Gulbarga. For convenience, the parties are referred to as they are arrayed in the plaint. The plaintiff's suit in O.S.No.871/1991 is for the following:

(i) for declaration of title and possession to disputed portions of land in Sy.No.36/3 of Melkunda (B) Village, Gulbarga Taluk with a direction to remove the wall constructed within this property,

(ii) for further declaration that the plaintiff and the defendant are the common owners of the land in Sy.No.36/2 measuring 14 guntas of Melkunda (B) Village, Gulbarga Taluk and District, and

(iii) for injunction against the respondent from obstructing the plaintiff from utilizing the Well in this land in Sy.No.36/2 of Melkunda (B) Village, Gulbarga Taluk for cultivation of his land in Sy.No.36/3 and 4.

2. The trial Court partly decreed the suit in O.S.No.871/1991 vide its judgment dated 25.09.1999 declaring that the plaintiff was the