This appeal is filed challenging the judgment and

decree dated 02.08.2014 passed in R.A.No.32/2013

by the Senior Civil Judge, Humnabad, confirming the

judgment and decree dated 05.10.2013 passed in

O.S.No.33/2011 by the Principal Civil Judge at

Humnabad.

2. For the sake of convenience, parties are

referred to as per their ranking before the Trial Court.

Appellants are the defendants and respondent is the

plaintiff before the Trial Court.

3. Facts giving rise to the filing of the appeal

briefly stated are as under:

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That the plaintiff filed a suit for declaration and

permanent injunction with respect to RS.No.154/3

measuring 31 guntas situated at Talmadgi Village. It

is the case of the plaintiff that the father of the

plaintiff - Ismailappa had 3 sons namely Tukappa,

Mallappa and Shivaraj (Plaintiff). The land bearing

RS.No.154 measuring 2 acres 11 guntas, standing in

the name of Ismailappa. After his demises plaintiff

and his brothers got effected partition and in the said

partition suit land RS.No.154/3 measuring 31 guntas

was fallen to the share of plaintiff and the name of the

plaintiff was mutated in RTC and he is the absolute

owner and possessor of the suit land. Fu