JUDGMENT :

1. The appeal is directed against the judgment and decree passed in R.A.No.68/2006 wherein appeal came to be allowed by the Presiding Officer, Fast Track Court-I, Chikmagalur on 29-05-2006 and consequently the judgment and decree dated 29.6.2001 passed in O.S.No.112/1995 by the learned Civil Judge (Jr.Dn), Koppa, came to be set aside and the original suit No.112/1995 was decreed with costs and the defendants, their agents, servants were restrained from interfering with the peaceful possession and enjoyment of the schedule properties. Being aggrieved by the said judgment and decree passed in R.A.No.68/2006, the defendants have come in appeal.

2. In order to avoid confusion and overlapping, the parties are referred hereinafter in accordance with the ranks held by them before the trial court.

3. Originally, the suit was filed by the plaintiff seeking permanent injunction restraining the defendants from interfering with the peaceful possession and enjoyment of the suit schedule properties.

4. It is necessary to clarify at this stage itself that the dispute between the parties is not regarding the actual possession and enjoyment of the suit schedule properties in toto. But the de