ORAL JUDGMENT

Heard Smt.Rakshitha V. N., learned counsel appearing on behalf of Sri.K.Raghavendra Rao, learned counsel for the appellants and Smt.Neeraja Karanth, learned counsel for respondents.

2. RSA No.753/2021 is filed by the plaintiffs challenging the judgment of the Trial Court passed in O.S.No.23/2005 which was confirmed in RA No.171/2016 whereby the suit of the plaintiffs came to be decreed in part reversing the judgment of the Trial Court in dismissing the suit in entirety and granting declaration and consequential relief in respect of suit schedule ‘B’ property which is a portion of suit schedule ‘A’ property; whereas the appeal in RSA No.370/2023 is filed by the defendant challenging the dismissal of the counter claim in respect of suit schedule ‘C’ property.

3. Facts in brief which are utmost necessary for disposal of the present appeals are as under:

3.1. A suit for permanent injunction came to be filed O.S.No.23/2005 at the inception which was later on converted into declaration and permanent injunction in respect of the following immovable properties (hereinafter referred to as suit properties):

A schedule All the part and parcel of the landed property bearing Sy.No.206,