JUDGMENT :

H.P.SANDESH, J.

1. Heard learned counsel for the appellant and learned counsel for respondent Nos.1 to 3.

2. This second appeal is filed against the divergent finding. The Trial Court dismissed the suit and the same is reversed by the First Appellate Court on appreciation of both oral and documentary evidence placed on record.

3. The factual matrix of case of the plaintiff before the Trial Court while seeking the relief of permanent injunction is that he is the owner of the property which is morefully described in the suit schedule i.e., vacant site bearing Sl.No.242, property No.105/7 at Nelavagilu Village Grama Panchayath, Shikaripura Taluk measuring 15 x 180 feet with boundary description as given in the schedule. It is contented that plaintiff is the absolute owner in lawful possession and enjoyment of the suit schedule property. The said property initially belonged to the joint family and it is an ancestral property of the plaintiff in the name of his father Sri Shivappa Marer. The said Shivappa Marer is no more and after the death of Shivappa Marer, his wife's name i.e., Smt. Susheelamma is entered in the revenue records. When such being the material, the consent agree