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This intra court appeal is preferred by the petitioners in W.P.No.16859/2011 aggrieved by the order dated 29.05.2012 of the learned Single Judge dismissing the petition.

2. Facts not in dispute are:

One Naganagouda Patil, said to be the propositus, had eight children, since deceased represented by legal heirs, petitioners and respondents were parties in O.S.No.182/1966 on the file of the Munsiff, Haveri, for declaration, partition and separate possession of several immovable properties including lands in R.S.No.195 and 129/A measuring 20 acres and 31 guntas and 1 acre and 29 guntas, respectively, of Balambid village in Hangal taluk, admittedly, claimed to be in joint possession and cultivation of the siblings, as tenants. In the absence of a dispute lover tenancy claims, an issue over claim of tenancy was not framed and the suit ended in a compromise decree dated 29.09.1966, Annexure-R-3 to the statement of objections of respondents, one of the terms of which reads thus: