JUDGMENT :

This regular second appeal is filed by the defendant No.1 in O S No.276/1995 on the file of Civil Judge (Jr.Dn.) at Basavana Bagewadi being aggrieved of the judgment and decree dated 30.3.2005 in R A No.213/2003 on the file of the Civil Judge (Sr.Dn.) at Basavana Bagewadi, reversing the judgment and decree dated 17.11.2000 in O S No.276/1995 passed by the learned Civil Judge (Jr.Dn.) Basavana Bagewadi. The trial court had dismissed the suit filed by the plaintiffs for the relief of declaration & permanent injunction.

2. The appellant herein and respondents 6 to 12 were defendants before the trial court. The respondents 1 to 5 herein were plaintiffs. The parties herein are referred to as per their ranking in trial court.

3. Brief facts of the case are as follows:

The plaintiffs had filed a suit for declaration and permanent injunction in respect of suit property. The case of the plaintiffs was that, the lands bearing Sy. No. 4/1, 4/2 and 4/3 and Sy.No. 5/1 and 5/2 of Halyal Village are the suit lands and father of the plaintiffs and father of the defendants partitioned the family properties in the year, 1939. The plaintiffs’ father was allotted Sy. No. 4 (old No.1/4(a)), pres