JUDGMENT :

M.G.UMA, J.

1. The plaintiff in OS.No.425/1995 on the file of the learned Civil Judge (Jr.Dn.), Hosakote (hereinafter referred as to 'Trial Court'), is impugning the judgment and decree dated 03.03.2009 passed in RA.No.5/2004 on the file of the learned Presiding Officer, Fast Track Court-III, Bangalore Rural District (hereinafter referred as to 'First Appellate Court') allowing the appeal by setting aside the judgment and decree passed by the Trial Court dated 02.12.2003, consequently, dismissing the suit of the plaintiff for permanent injunction.

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

3. Facts of the case in brief are that, the plaintiff filed the suit in OS.No.425/1995 before the Trial Court against defendant Nos.1 and 2, who are the father and son, seeking permanent injunction in respect of the property bearing old Sy.No.11 and new Sy.No.96 measuring 6 acres situated at Vanamanahalli Village, Sulibele Hobli, Hosakote Taluk, with the boundaries mentioned therein, which is referred to as the suit schedule property. It is the contention of the plaintiff that he is the absolute owner of the schedul