DECREE

DATED:

11.8.2009

PASSED

IN

O.S.NO.505/2001 ON THE FILE OF THE PRL. CIVIL JUDGE (JR.DN) &

JMFC., KUNIGAL.

THIS R.S.A. COMING ON FOR ADMISSION THIS DAY, THE

COURT DELIVERED THE FOLLOWING:

J U D G M E N T

Even though the matter is listed for admission, with the

consent of learned counsel for both the parties, it is taken up

for final disposal.

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2.

The appellants - plaintiff Nos.1 and 3 are before this

Court impugning the judgment and decree dated 11.08.2009

passed in OS No.505 of 2001 on the file of the learned Principal

Civil Judge (Jr.Dn.) and JMFC at Kunigal, (hereinafter referred

to as 'the Trial Court' for brevity), dismissing the suit of the

plaintiffs filed for declaration and for setting aside the judgment

and decree passed in respect of the suit property with

exemplary costs which was confirmed in RA No.65 of 2009 vide

judgment dated 02.07.2011 on the file of learned Senior Civil

Judge and JMFC, Kunigal (hereinafter referred to as 'the First

Appellate Court' for brevity).

3.

For the sake of convenience, parties are referred to

as per their status and rank before the Trial Court.

4.

Brief facts of the case are that, plaintiff Nos.1 to 3

filed the suit for dec