JUDGMENT :

K.S. MUDAGAL, J.

1. This defendant’s appeal arises out of the judgment and decree dated 02.01.2006 in R.A. No. 49/2001 passed by the Principal Civil Judge (Senior Division) and C.J.M. Shimoga.

2. By the impugned judgment and decree, the first appellate court reversed the judgment and decree dated 26.02.2001 in O.S. No. 525/1992 passed by the Principal Civil Judge (Junior Division), Shimoga and decreed the suit of the plaintiffs for permanent injunction.

3. Respondents were the plaintiffs and the appellant was the defendant before the trial court. Plaintiff U.S. Krishnoji Rao filed O.S. No. 525/1992 against the defendant for permanent injunction. Pending the suit, he died and the present respondent nos. 1 to 4 were brought on record as his legal representatives (plaintiff Nos. 1 to 4).

4. For the purpose of convenience, the parties will be henceforth referred to as per their ranks before the trial court. The subject matter of the suit was house site bearing Municipal Khata No. 1356/1322/1423 measuring 30 feet x 56 feet situated at 1st Cross, Vidyanagar, Shimoga.

5. The case of the plaintiff in brief was as follows:

One P. Siddaiah was the owner of the suit property. Plaintiff pu