(1.) The 3rd and 4th defendants in O.S. No. 700/2008 on the file of Prl. Civil Judge and JMFC, Dharwad, have come up in this second appeal impugning the concurrent finding of both the Courts below in decreeing the suit of plaintiff for the relief of declaration and permanent injunction with reference to 10 acres 23 guntas of land situated on the western side of Block No. 618 measuring 16 acres 23 guntas situated at Karadigudda village in Dharwad taluk and district.
(2.) The brief facts leading to this second appeal are as under:
(3.) As against the concurrent finding of both the Courts below, this second appeal is filed on several grounds; one is that both the Courts below have not properly looked into the revenue entry in M.E. No. 3232 which remained undisturbed for long period; and that there being delay in seeking declaratory right; and also that Basappa never challenged the revenue entry during his lifetime. Therefore the judgment of both the Courts below is erroneous.