JUDGMENT

Santosh Hegde, J.-Heard learned counsel for the parties.

Leave granted.

2. The appellants herein filed a suit before the Principal Civil Judge, Shimoga, originally seeking the following reliefs:-

a) To grant a judgment and decree of permanent Injunction restraining the Defendants 1 to 10 their men, and agents from interfering with A A1 L O N C D portion of the suit schedule property.

b) For possession of the property identified as A1 B M N O L portion and also the N N1 O O 1 at annexure-A to the plaint of the suit schedule property.

c) Such other relief/reliefs that this Hon ble Court deems fit to grant under the circumstances of the case as also the cost of this suit.

3. It is their case during the pendency of the said suit the respondent in violation of the court order further encroached into suit property to an extent of 15 x 15 . Therefore, the appellants sought for an amendment of the plaint seeking for possession of the said encroached area also. This application was also allowed by the Trial Court.

4. In the written statement filed by the respondents, a contention was taken that a suit for injunction and possession w