JUDGMENT :

1. Present appeal is filed by the appellants/defendants being aggrieved by the judgment and order dated 22.12.2009 passed in R.A.No.60/2008 on the file of the Fast Track Court, Jamakhandi (hereinafter referred to as ‘the First Appellate Court’), in and by which the First Appellate Court dismissed the appeal filed by the appellants/defendants confirming the judgment and decree dated 31.03.2008 passed in O.S.No.113/1989 on the file of the Principal Civil Judge (Jr.Dn.), Jamkhandi (hereinafter referred to as ‘the Trial Court’).

2. Parties in this appeal are referred to by their rankings before the Trial Court.

3. The above suit in O.S.No.113/1989 was filed by the plaintiffs namely (i) Gadagayya, (ii) Magayya and (iii) Chanbasayya, all sons of Parayya Bhavi against the defendants namely (i) Channayya s/o Parayya Bhavi, (ii) Parayya S/o Ishwarayya Bhavi and (iii) Chanayya S/o Ishwarayya Bhavi for following reliefs;

i) permanent injunction restraining the defendant Nos.2 to 5 from disturbing the possession and enjoyment of the plaintiffs and defendant No.1 in respect of suit land;

ii) for declaration that plaintiffs and defendant No.1 are entitled to perform pooja and to share th