JUDGMENT :

Learned counsel for appellants present. Counsel for respondent absent. Matter is of the year 2007 in terms of the appeal and of the year 2005 in terms of regular appeal and of the year 2001 in terms of original suit. There are no grounds to grant adjournment because of the absence of respondent’s counsel.

2. Appeal is directed against the Judgment and decree dated 11.09.2007 passed in R.A.No.179/2005 wherein one S.N.Krishnappa, S/o late Narayanappa filed suit in O.S.No.195/2001 that came to be decreed and being aggrieved by the said Judgment and decree defendant-S.Ramesh preferred regular appeal No.179/2005 that came to be partly allowed and Judgment and decree passed by the learned trial Judge was modified by rejecting the relief of declaration and the relief of permanent injunction was confirmed. Operative portion of the order passed in R.A.No.179/2005 is as under:

“The appeal filed by the appellant/defendant is allowed in part with cost.

The judgment and decree passed by the trial court in O.S.No.195/2001 dated 07.04.2005 with respect to the declaration of plaintiff