JUDGMENT :

1. The plaintiffs being aggrieved by the judgment and decree dated 24.10.2002 passed in O.S.No. 88/1995 by the Principal Civil Judge (Sr.Dn), Bidar, confirmed by the judgment dated 03.02.2007 passed in R.A.No. 22/2002 have filed this second appeal.

2. The parties are referred with their ranks before the Trial Court.

3. The plaintiffs filed suit O.S.No. 88/1995 seeking the relief of declaration and injunction in respect of suit land bearing Sy.No. 62/B measuring 09 acres 25 guntas of village Mungnal, Tq.Aurad-B, Dist. Bidar. The plaintiffs averred that their father Govind Rao was the exclusive owner in possession and enjoyment of the said land. He died during the year 1993. After the death of their father the plaintiffs are in joint possession and ownership of the suit land. The name of the father of plaintiffs was appearing in record of rights in respect of suit land. Though the plaintiffs have filed application for mutation, the same was pending. The defendant is owner of land bearing Sy.No. 61/B situated towards eastern side of the suit land and being adjacent owner was intending and encroaching upon the suit land with the help of anti social elements and intended to disp