Honble KAPADIA, J.–This appeal by special leave is filed by the defendants against the judgment and order of the Karnataka High Court dated 31.08.1998 passed in R.S.A. No. 76 of 1996 whereby the High Court allowed the second appeal and restored the judgment and decree of the trial Court decreeing the original suit filed by the respondents-plaintiffs for declaration of title to property described more particularly in schedule A and for possession of seven rooms in possession of the defendants-appellants herein, which seven rooms form part of schedule A and more particularly described as schedule B to the plaint.

(2). The short point which arises for consideration in this civil appeal is whether the suit for possession filed by the respondents-plaintiffs stood abated in its entirety as held by the Civil Judge at Kolar Gold Fields in Regular Appeal No. 13 of 1991 (hereinafter referred to for the sake of brevity as "the lower appellate Court").

(3). The facts giving rise to this civil appeal are as follows:

Plaintiffs are the wife and children of Essanullah.

(4). They inter alia filed suit no. 417 of 1979 in the court of Additional Munsiff at Kolar Gold Fields for declaration of title to s

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