the measurement of the suit property has been shown, however, the said document cannot be a basis to reject the claim made by the plaintiff on the sole ground as the defendant banked upon only Exhibit D1 to establish his case before the Courts below. On perusal of the Exhibit P6-Judgment and Decree in Original Suit No.55 of 2003, would indicate that the present defendant has filed suit against the plaintiff and others before the Civil Judge (Jr.Dn.) and JMFC., Srinivasapur, seeking relief of permanent injunction and same was dismissed by the judgment and decree dated 09th June, 2005 and the said judgment and decree was challenged in Regular Appeal No.218 of 2005 by the defendant herein, which also came to be dismissed by the First Appellate Court, by judgment and decree dated 12th September, 2007 (Exhibit P7), which makes it clear that, the defendant has suffered the judgment and decree passed by the competent Courts to establish that, he is in possession of the portion of the 'B' schedule property. It is also to be noted that, as per Exhibit P8, the defendant herein has filed Original Suit No.39 of 2003 on the file of the Civil Judge (Jr.Dn.) and JMFC., Srinivaspura, against the brothers of the plaintiff, seeking relief of permanent injunction, which came to
