JUDGMENT :

M G UMA, J.

The plaintiff in OS.No.234/1994 on the file of the learned Additional Civil Judge (Jr.Dn.) and JMFC, Sira (hereinafter referred to as 'the Trial Court' for short) is impugning the judgment and decree dated 21.12.2002 dismissing the suit for declaration of title and for permanent injunction, with costs and the judgment dated 16.07.2009 passed in RA No.78/2007 on the file of the learned Civil Judge (Sr.Dn.), Sira (hereinafter referred to 'the First Appellate Court' for short), dismissing the appeal by confirming the judgment and decree passed by the Trial Court.

2. For the sake of convenience, the parties shall be referred to as per their rank and status before the Trial Court.

3. The facts of the case in brief are that, the plaintiff filed the suit OS.No.234/1994 against defendant Nos.1 and 2 seeking declaration of his title and for permanent injunction, restraining them from interfering with his peaceful possession and enjoyment of the land situated at Yeliyur village, Kasaba Hobli, Sira Taluk bearing Sy.No.306, Khata No.275, measuring 4 acres 18 guntas with boundaries mentioned therein. ('the schedule property' for short). It is stated by the plaintiff that he i