1. The plaintiffs being aggrieved by the judgment dated 17.03.2006 passed in O.S.No.327/2002 by the III Addl. Civil Judge (Sr.Dn.), Gulbarga confirmed in R.A.No.56/2006 by the Prl. Sessions Judge, Gulbarga by judgment and decree dated 05.03.2007 have filed this regular second appeal.

2. The parties are referred to with their rank before the trial court.

3. Plaintiff Nos.1 and 2 filed the suit bearing O.S.No.327/2002 seeking the relief of declaration of ownership and consequential relief of perpetual injunction against defendant Nos.1 and 2 in respect of the suit schedule property. It is the case of the plaintiffs that property bearing Sy.No.52 measuring 9 acres 22 guntas situated at Nandi Sinoor village, Gulbarga Taluka was one of the family property. The plaintiffs, defendant No. 1 along with two other brothers were members of the joint Hindu family of which their father was the manager and the karta till 1982. They have further stated that in the year 1982, there was a partition among the plaintiffs and their brothers in respect of joint family properties and that the suit property was divided into two portions and the said portions were allotted to the plaintiff Nos.l and 2 resp