JUDGMENT :

ASHOK S. KINAGI, J.

1. This appeal is filed by the appellant, aggrieved by the judgment and decree dated 06.04.2013 passed in R.A. No.66 of 2008 by the learned Additional Senior Civil Judge and JMFC, Hunsur, sitting at Periyapatna.

2. For convenience, the parties are referred to based on their ranking before the Trial Court. The appellant was the defendant and the respondents were the plaintiffs.

3. Brief facts leading rise to the filing of this appeal are as follows:

4. The plaintiffs filed a suit against the defendant for declaration to declare that they are the absolute owners of the suit schedule property and for a consequential relief of permanent injunction restraining the defendant from interfering with the plaintiffs' peaceful possession and enjoyment of the suit schedule property.

5. The case of the plaintiffs is that the suit schedule property bearing Survey No.43/3 (46/P3) measuring 04 acres was granted in favour of one Dasappa son of Karishetty. Dasappa is the husband of plaintiff No.1 and father of plaintiff Nos.2 to 4. The suit schedule property was granted on 11.01.1963. Dasappa died on 22.06.1997 leaving behind the plaintiffs as his legal heirs.

6. After his dem