JUDGMENT :

K. S. Mudagal, J.

This second appeal of plaintiff arises out of judgment and decree dated 19.06.2006 in R.A.No.146/2001 passed by the Fast Track Court-II, Bangalore Rural District, Bangalore. By impugned judgment and decree, the First Appellate Court allowed the appeal of defendant No. 3 and reversed the judgment and decree dated 04.07.2001 passed by Additional Civil Judge (Junior Division) & J.M.F.C., Anekal in O.S.No.209/1989 and dismissed the suit of plaintiff.

2. By the judgment and decree in O.S.No.209/1989, the trial Court decreed the suit of the plaintiff for declaration and permanent injunction.

3. Appellant was plaintiff. Respondent No. 1 was defendant No. 3. One Rama Reddy was defendant No. 1 and respondent No. 3 Kamal-amma was defendant No. 2 in O.S.No.209/1989. During the pendency of this appeal, Ramareddy died and his wife Gullamma was brought on record as his legal heir. She also died during the pendency of this appeal. She was survived by other parties on record.

4. For the purpose of convenience, parties will be henceforth referred to with their ranks before the trial Court.

5. Subject-matter of the suit was land bearing Survey No. 136/2 measuring 1 acre 35 gun