JUDGMENT

N K Sudhindrarao, J. - The appeal is directed against the judgment and decree dated 17.01.2008 passed in RA.No.212/2003 by the I/C Presiding Officer, Fast Track Court-III/ Principal District Judge, Bangalore Rural District, Bangalore, wherein the appeal came to be allowed, whereby the judgment and decree dated 01.08.2003 passed in OS No.725/1995 by the Principal II Civil Judge (Jr.Dn) Bangalore Rural District, Bangalore, came to be set aside consequently suit of the plaintiff is decreed as prayed for.

2. Original suit No.725/1995 was filed by one M. Krishnappa against Shivashankar and Suresh Bhajandas praying to declare that he is the absolute owner of the suit schedule property and further to hold and declare that the sale deed dated 28.4.1966 and also the sale deed dated 21.6.1991 will not bind the right of the plaintiff in any way and for permanent injunction as a consequential relief permanently restraining that defendants from interfering with the plaintiff's peaceful possession and enjoyment of the suit schedule property. The said suit came to be dismissed. The operative portion of the judgment in the original suit is as under:

"Suit is dismissed.

Under the facts and