JUDGMENT :

K. V. ARAVIND, J.

This appeal is filed by plaintiff Nos.2, 3 and 4 being aggrieved by the judgment and decree dated 19.10.2010 in O.S. No.275/2001 passed by the Court of the Small Causes and Senior Civil Judge, Mysore, as well as the order dated 04.01.2012 passed by the III Additional District Judge, Mysore, in R.A. No. 6/2011.

2. The parties are referred to by their ranks as assigned in the original suit, for the sake of convenience.

3. The brief facts, as gathered from the pleadings, are that the plaintiffs instituted the suit against the defendant seeking a declaration that they are the absolute owners of the suit schedule property and for a permanent injunction restraining the defendant from putting up any construction on the suit schedule property. The suit schedule property comprises of premises bearing Municipal D. No.46, New No. M-34/1, K.T. Street, Mandi Mohalla, Mysore City, measuring East to West 34 feet and North to South 18 feet.

3.1 It is pleaded that the entire property bearing Municipal D. No.46 originally belonged to one N.H. Sangappa, the father of plaintiff No.1 and grandfather of plaintiff No.2. After the demise of N.H. Sangappa, plaintiff No.1's brother,